1

Dynamics Of Courthouse Justice

Chapter Five

2

Courthouse Actors

• Lawyers:– Prosecutor– Public Defender– Private Defense

Attorney– Judge– Law clerk

• Court Support Staff:– Clerk of Court– Court Reporter– Secretary– Translator– Court Administrator

3

Other Courthouse Actors

• Law Enforcement:– Court Security Staff

– Sheriff’s Deputy

– Bailiff

• Corrections:– Probation Officer

– Pretrial Services

– Drug Rehabilitation Programs

• Public– Bail Agent– Newspaper Reporter– Defendant– Victim– Witness– Jurors– Rape Crises Center– Child Advocate– Court watchers– Victim/Witness Assistance

4

Who Manages the Courts?

• Job varies from jurisdiction to jurisdiction

• Most common variation include:– Clerks of Court – Chief Judges – Court Administrators

5

Clerk of Court

• Responsibilities: – Docketing (Scheduling) cases– Collecting fees– Overseeing Jury Selection– Maintaining court records

• Most operate semi-autonomously from the judge

6

Assembly-Line Justice

• The operation of any segment of the criminal justice system with such speed and impersonality that defendants are treated as objects to be processed rather than as as individuals.

• This is due to the disparity between the number of cases vs the number of judges and the number of prosecutors, defense attorneys, and probation officers.

• Mass-production techniques are utilized.

7

Discretion

• The lawful ability of an agent of government to exercise choice in making a decisions.

• Three sub-components:1. Legal Judgments

2. Policy Priorities

3. Personal Philosophies

8

Legal Judgments

Examples:

• Prosecutor decides whether or not to file criminal charges

• Prosecutor decides which charge(s) to file

• Prosecution decides to utilize pre-trial diversion or probation

9

The Courtroom Workgroup

• Mutual Interdependence

• Shared Decision Making

• Socialization

• Normal Crimes

• Rewards and Sanctions

• Variability

10

Delays in Court

• Delay: abnormal or unacceptable time lapses in the processing of cases.

• The American Bar Association (ABA) recommends that all felony cases should reach disposition within one year of filing.

• Court delay jeopardizes the 6th Amendment. • Number of states have enacted speedy trial laws

11

Speedy Trial Issues

• Sixth Amendment – Right to a speedy trial.

• Speedy Trial Act of 1974 (Federal) – 30 days from arrest to arraignment– 70 days form indictment to trial

• Barker v. Wingo – The right to a speedy trial is relative, not

absolute.