2 copyright and terms of service copyright © texas education agency, 2011. these materials are...

Courtroom ParticipantsDuties & Responsibilities during Criminal

Trials

2

Copyright and Terms of Service

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Professional Participants

Judge Prosecutor Defense Attorney

3Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.

Para-professional Participants

Bailiff Clerk Court Reporter


Non-professional Participants

Jury Defendant Victim Witnesses



Main Duty: To ensure justice is done! Makes Rulings: Decides on the

admissibility of evidence; rules on objections and motions

Keeps control in the courtroom Bench trial Sentencing

JUDGE


Judges Qualifications

Have a law degree (in most cases)

› Juris Doctorate Be a licensed attorney Be a member of the State Bar Receive proper training


Judges: How do they get their jobs?

Appointed by the governor Popular election Hired The Missouri Plan



PROSECUTORAlso called District Attorney State’s Attorney


Prosecutor’s Duties

Presents information or evidence to a grand jury

Prosecutorial discretion Questions witnesses for the state Requests guilty verdicts or convictions Represents the state in appeals



DEFENSE ATTORNEY Represents the person accused of

committing a crime Plea bargains Prepares the defense Questions witnesses

› Directs own› Cross-examines the state’s


Defense Attorney

Disputes claims made by the prosecutor

Sentencing Files Appeals Argues Appeals


Defense Attorney (continued)

TYPES OF DEFENSE ATTORNEYS

Private attorneys hired by a defendant

Court-appointed attorneys

Public Defenders


Para-professional Participants

BAILIFF Keeps order in the courtroom Secures witnesses Maintains physical control over the

defendant if not released on bail Announces the judge’s entry


Para-professional Participants(continued)CLERK Works directly with the trial

judge Responsible for court

paperwork and records before and during the trial


Para-professional Participants(continued)COURT REPORTER Stenographer Maintains a written record of all

court proceedings› Transcribes every spoken word during

the trial Transcripts are necessary for appeals


Non-professional Participants

JURY Selection:

› Voir Dire

› Challenges To the Array For Cause Peremptory


Non-professional Participants(continued)DEFENDANT The “accused”

The person against whom a criminal complaint or indictment is filed


Non-professional Participants(continued)VICTIM Crime committed against Suffered death or serious physical or

mental suffering OR A loss of property resulting from the

actual or attempted criminal actions of others


Non-professional Participants(continued)WITNESSES Sworn testimony received as evidence Have personal knowledge of the facts Types of Witnesses

› Expert› Lay


Witnesses

EXPERT WITNESSES Have special knowledge and skills

recognized by the court May express opinions or draw

conclusions Usually paid


Witnesses (continued)

LAY WITNESSES Eyewitnesses Character Witnesses Not considered experts May testify ONLY to the facts


ALL PARTICIPANTS…

WORK TOGETHER TOWARD A COMMON GOAL:

EFFICIENT CONCLUSION TO A CASE


Resources

020547893X, Allyn & Bacon, Criminal Justice, 2006, James Fagin

Law Focused Education, Inc. https://www.texaslre.org/jury_game/jurygame_intro.html


https://www.texaslre.org/jury_game/jurygame_intro.html

https://www.texaslre.org/jury_game/jurygame_intro.html

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