The Court System

Court Process

• U.S. System of Guilt and Innocence

Trial Process

• Pretrial

• Trial

• Posttrial

Purpose of the Trial

• Epistemological Function: Determines the guilt (or innocence) of a defendant; Adversarial Process

• Symbolic Function: Shows that the courts are legit and should be respected; State power and Lady Justice

Adversarial Justice

• Two sides “fight it out”; Prosecution, Defense, Judge (finder of law), Jury (finder of fact)

• Legal protections account for power imbalance

• Burden of Proof

• Brady Rule: Exculpatory evidence (example: Adnan Syed)

• 5th Amendment: Protection from self-incrimination; Due Process, Read rights; Affirmed in Miranda v. Arizona

Plea Bargains

• Make our system possible

• Put pressure on defendants

• When do cases go to trial?: Private Attorneys, the defendant wants to

• What type of cases cannot be plea bargained?: Capital Cases

The Courtroom Workgroup

• People from all sides work together

• Who is the most powerful person in the criminal justice system?