Courtroom Participants Duties & Responsibilities during Criminal Trials
Dec 28, 2015
2
Copyright and Terms of Service
Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:
1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA.
2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA.
3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way.
4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged.
Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty.
Contact TEA Copyrights with any questions you may have.Copyright © Texas Education Agency 2011. All rights reserved.
Images and other multimedia content used with permission.
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
4Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Non-professional Participants
Jury Defendant Victim Witnesses
5Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Professional Participants
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
6Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
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
7Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Judges: How do they get their jobs?
Appointed by the governor Popular election Hired The Missouri Plan
8Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Professional Participants
PROSECUTORAlso called District Attorney State’s Attorney
9Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
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
10Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Professional Participants
DEFENSE ATTORNEY Represents the person accused of
committing a crime Plea bargains Prepares the defense Questions witnesses
› Directs own› Cross-examines the state’s
11Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Defense Attorney
Disputes claims made by the prosecutor
Sentencing Files Appeals Argues Appeals
12Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Defense Attorney (continued)
TYPES OF DEFENSE ATTORNEYS
Private attorneys hired by a defendant
Court-appointed attorneys
Public Defenders
13Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
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
14Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Para-professional Participants(continued)CLERK Works directly with the trial
judge Responsible for court
paperwork and records before and during the trial
15Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
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
16Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Non-professional Participants
JURY Selection:
› Voir Dire
› Challenges To the Array For Cause Peremptory
17Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Non-professional Participants(continued)DEFENDANT The “accused”
The person against whom a criminal complaint or indictment is filed
18Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
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
19Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Non-professional Participants(continued)WITNESSES Sworn testimony received as evidence Have personal knowledge of the facts Types of Witnesses
› Expert› Lay
20Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Witnesses
EXPERT WITNESSES Have special knowledge and skills
recognized by the court May express opinions or draw
conclusions Usually paid
21Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Witnesses (continued)
LAY WITNESSES Eyewitnesses Character Witnesses Not considered experts May testify ONLY to the facts
22Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
ALL PARTICIPANTS…
WORK TOGETHER TOWARD A COMMON GOAL:
EFFICIENT CONCLUSION TO A CASE
23Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.
Resources
020547893X, Allyn & Bacon, Criminal Justice, 2006, James Fagin
Law Focused Education, Inc. https://www.texaslre.org/jury_game/jurygame_intro.html
24Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.