...Attorney’s A prosecuting attorney has many ethical obligations however, for the purposes of this paper I will use three of them. Procedural justice is a step by step set of guidelines to ensure that every defendant is afforded his/her legally guaranteed representation. Sufficient evidence establishes the innocence, or guilt of a defendant. Special procedures exist to prevent, and rectify, if necessary, the conviction of an innocent individual. Defense attorneys’ have several ethical obligations to his/her clients however, for the purposes of this paper I will use three of them. Confidentiality is a paramount responsibility for a defense attorney because it guarantees to a defendant that the information he/she discloses to his/her attorney will not be disclosed in a manner that could jeopardize his/her innocence. Eliminating a conflict of interest or the appearance of any type of conflict is a legal responsibility that defense attorneys must ensure to his/her clients. Zealous representation is an ethical obligation that a defense attorney has to ensure he/she will represent the client with all legal means possible for the defense of his/her client. The difference between the obligations of a prosecuting attorney and a defense attorney lie within the interests of each group. A prosecuting attorney is responsible for monitoring procedural and substantive justice while representing the interest of his/her municipality. A defense attorney has a legal obligation...
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...practice and bring the courtroom to life. So, who are the main participants in this group? They are judges, prosecuting attorneys, defense attorneys, public defenders, and other professionals. The outsiders include defendants, witnesses, jurors, and victims. All of these people have to work together to make the court room operate in a smooth, fluid manner in order to accomplish a common goal. If you think about it, the court room work group should operate like body, where all of the nerves have to work together and communicate to function properly. The judge is the brain and controls how the rest of the body will respond and operate. The judge’s primary duty is one of ensuring justice. “In the courtroom, the judge holds ultimate authority, ruling on matters of law, weighing objections from both sides, deciding on the admissibility of evidence, and disciplining anyone who challenges the order of the court.” (Schmalleger, 2011, "Chapter 9: The Courts: Structure and Participants"). The judge upholds the law and makes the final decision. The judge’s main role in the court room is to uphold the law and the truth by making decisions that follow the law. He is responsible be being truthful and honest when it comes to making his decisions. The Prosecution attorney has the role of protecting the victims by following the law and being honest. “The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are...
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...The role of an attorney is to represent to the best of their ability and defend the rights of their client. Defense attorneys are sworn to defend the accused regardless of their presumed guilt or innocence (Mathewson, 2009). Prosecuting attorneys must bring forth the evidence and present it to a jury of their peers (Mathewson, 2009). A prosecuting attorney must prove their case; the defense attorney must try to dis-prove what the evidence and the prosecuting attorney bring out in court. The majority of cases get pled out because the courts in America are bogged down with too many cases. Additionally, a defense attorney’s case load is usually quite full and especially if they work for the state they reside in, which would make them public defenders. Public defenders are paid by each state as well as district attorneys and prosecutors, but their functions, and responsibilities are much different. The district attorney and the public defender may seem as though they are in ‘cahoots’, but they are not; in fact that are adversaries. They may have a good work relationship and especially if they are in the same courtroom working together for months at a time, but public defenders commit to their work and their clients just as much as a private criminal defense attorney (LexisNexis, 2012). When a person gets arrested they are read their Miranda rights, which state a person’s rights to an attorney whether he or she can afford one or not. If they cannot afford an attorney, the accused...
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...the communication used for the prosecution, defense, witnesses, and the judge. We will also discuss the guidelines for each communication in the court case. The duties of the prosecution, defense, witnesses, and the judge are important to every trial. The prosecuting attorney communicates both orally and in writing. The main goal of this attorney is to prove that this defendant is undeniably guilty to the judge and jury. He does this by beginning orally with an opening statement, stating that Ronald Rift did knowingly commit the crime of Breaking and Entering (1) 2911.13 F5; and Burglary (1) 2911.12 F2; on 09/30/11 between 12:10 and 12:20 A.M. This was located at Marquette’s Market 1234 Main St. Midtown, Minnesota 44333. The owner is Speedy Marquette (owner of Marquette’s Market). It is up to the prosecution to share all written evidence with the defense attorney before the trial and to present all evidence against the defendant to the judge and jury. It is also up to this attorney to introduce the witnesses for the prosecution and to examine them orally before the cross examination of the defense attorney. The witnesses: Soapy Waters, Otis Ripple, Marty Martini, Betty Bitty, C. Sharp, Guido Concertino, Rusty Fender, and the arresting officer are orally examined by the prosecution and then the defense. (Curran, P. & Strauch, G.). After the prosecution presents the case, it is up to the defense to present theirs. The prosecuting attorney has the choice whether to cross examine the...
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...the charges, the defense lawyer who is selected to defend against these charges, a judge and jurors who are assigned to hear the case, victims and defendants who are having their sides of their story told for vindication or punishment. (Meyer, Grant 2003). A prosecuting attorney has the trusting responsibility of preparing and presenting cases on behalf of societies on federal and state levels. In these cases, society is the victim of the wrongdoing and the accusers are confronted by the governments ‘ministers of justice’ whose purpose is to ensure the guilty are punished for their crimes and the innocent are protected from unjustified prosecution. There are different types of prosecuting attorneys that are selected in a variety of ways. The U.S. Attorney General holds the highest ranking position of law enforcement in the country. Selected by the president of the United States, this position is confirmed by the senate. The Attorney General has no set term to serve and does so at the pleasure of the sitting president currently holding that office. Of the 94 federal judicial districts, an attorney general is appointed to each to act as the chief prosecuting attorney. At the state and county levels, district attorneys are mostly elected into their positions by the voting process while a few states choose to have their D.A.’s appointed by that states governor. (Meyer, Grant 2003). The defense attorney has the role of providing their clients with a defense good enough to...
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...communication used for the prosecution, defense, witnesses, and the judge. We will also discuss the guidelines for each communication in the court case. The duties of the prosecution, defense, witnesses, and the judge are important to every trial. The prosecuting attorney communicates both orally and in writing. The main goal of this attorney is to prove that this defendant is undeniably guilty to the judge and jury. He does this by beginning orally with an opening statement, stating that Ronald Rift did knowingly commit the crime of Breaking and Entering (1) 2911.13 F5; and Burglary (1) 2911.12 F2; on 09/30/11 between 12:10 and 12:20 A.M. This was located at Marquette’s Market 1234 Main St. Midtown, Minnesota 44333. The owner is Speedy Marquette (owner of Marquette’s Market). It is up to the prosecution to share all written evidence with the defense attorney before the trial and to present all evidence against the defendant to the judge and jury. It is also up to this attorney to introduce the witnesses for the prosecution and to examine them orally before the cross examination of the defense attorney. The witnesses: Soapy Waters, Otis Ripple, Marty Martini, Betty Bitty, C. Sharp, Guido Concertino, Rusty Fender, and the arresting officer are orally examined by the prosecution and then the defense. (Curran, P. & Strauch, G.). After the prosecution presents the case, it is up to the defense to present theirs. The prosecuting attorney has the choice whether to cross examine...
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...Learning Team Police Report CJA/304 WEEK 2 LEARNING TEAM ASSIGNMENT May 28, 2012 Dr. Pamela Knothe Learning Team Police Report When writing reports and documents, it is important that information is detailed and precise. Working in the criminal justice system is one field that holds the highest demand for competency and accuracy. Appearing in front of a judge and jury when prosecuting an individual suspected of a crime requires facts and perfection. Reports begin when an officer apprehends a person of interest and hands the reports to the prosecuting attorney, who will present the information before the judge and jury. This holds each division of the criminal justice system responsible for their actions if not completed correctly. An officer is responsible for providing well-written reports to his or her supervisor. It is not only a matter of making sure it is a detailed report to avoid confusing the reader but also the officer also has to double check the report for spelling, grammar, and sentence structure. “Effective communications, in contrast, is like using a map. You know there is a certain route that will take you where you want to go, but you also know that dead ends and wrong turns may delay your getting to your destination” (Wallace & Roberson, 2009, p. 2). Whenever a poorly written police report reaches the supervisor, there are several potential reactions he or she may have. One possibility is that the supervisor will return it to the officer and request...
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...in our textbook Criminal Justice Today, what I have found surprised me. The majority of my research suggests that the courtroom workgroup is comprised of an informal arrangement between the prosecutor, defense attorney, and the judicial officer. The basis for this is to keep the judicial funnel flowing and to avoid a backlog of cases. Their goal it seems is to keep the cases from going to trial and reach a guilty plea. By means of a plea bargain, convincing the defendant that he would face a greater sentence if convicted, or by reducing the charges in hopes that the accused will plea out. Because the prosecutor may not be able to convict beyond a reasonable doubt. The courtroom workgroup according to our textbook has two separate entities. The professional courtroom participants and the nonprofessional participants. The professional courtroom participants consist of the Judge, prosecuting attorney, defense attorney, bailiff, clerk of the court, court reporter, and the expert witness. The judge holds the ultimate authority and is responsible for maintaining discipline in the courtroom. Also, hands down the punishment once a guilty verdict is rendered. The prosecuting attorney is the state’s attorney and is responsible for presenting the case for the state. The defense attorney is responsible for defending the accused, and to make sure his civil rights are not violated. The bailiff is usually armed and is responsible for announcing the judge's entry into the courtroom, to ensure...
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...The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial Criminal procedure is the process of investigating, prosecuting, and punishing crimes (Scheb & Sharma, 2013). Criminal procedure includes law enforcement activities, including the arrest, interrogation, and identification of suspects. Criminal procedure also involves a process of criminal trial, in which a person is tried for their crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic...
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...regards to the role they play in how cases are processed through the court system. The roles are divided into categories of professionals and non–professionals. The judge, prosecuting attorney, defense attorney, bailiff, court reporter, and court administrator are among the professionals. Non-professional participants are those who attend court proceedings and may include the defendant, victims, witnesses, jurors, spectators and media personnel. There are specific guidelines the individual participants must follow for communicating and processing cases through the court system regardless if the case originates in criminal or civil court. The professional members in the courtroom are responsible for moving cases through the courts and ensuring all Constitutional Rights are protected in the best interest of society. Public outcry and advocacy have led to the emergence of victims’ rights in recent decades. Prosecuting Attorney The prosecuting attorney’s role is to present evidence against the defendant on behalf of society. When a case is presented to them, they must review the evidence and the charges against an individual to warrant moving forward with the case. The prosecutor attends every court proceeding in a criminal case armed with evidence to prove the defendant’s guilt which they must share with the defense. The prosecutor can exercise discretion in determining if a plea bargain is a justifiable means to resolve a case rather than going to the trial phase (Schmalleger 2011)...
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...criminal system in the United States. Agencies are similar but different, because each county, state and federal or military installation has their own jurisdiction. Each jurisdiction has different levels of managing criminal justice processes. Military has their own jurisdiction but depending on the crime they are still part of the two main systems: State criminal justice systems handle crimes committed within their state boundaries and Federal criminal justice system handles crimes committed on federal property or in more than one state. In the criminal justice system there are five components law enforcement officers, prosecution, defense attorneys, courts, and corrections. Each of the five components plays a key role in the criminal justice process. Far more importance is how victimization affects the roles of the prosecutor, defense attorney, criminal and victim. Prosecutor is to prosecute criminal within their jurisdiction. They are the administrator of justice, an advocate, and an officer of the court who representing the people in a trial. Prosecutor works with their local law enforcement agencies to prosecute criminals and to provide legal advice on functions and duties in a criminal matter. If there is any conflict of interest during a trial prosecutor must excuse themselves from the trial and have another prosecutor to trial the case. Prosecutor should not allow personal, ideological, or political beliefs to interfere with the professional performance of official...
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...reporter, the clerk of court, the local court administrator, prosecuting attorney, the defenses counsel and expert witnesses. This group of individuals have frequent an ongoing interactions on a daily basis. As each member of the courtroom workgroup fulfill the duties their profession expects, they are bonded by their unanimous singular goal; to see justice prevail. All workgroup members are influenced by other members and have influence on other members of the workgroup. Stable and familiar relationships among members of the group are more likely to lead to stable and familiar close working relationships. This is more likely to lead to fewer formalities, less formal arrangements and better negotiations. The prosecutor is an imperative member of the courtroom workgroup. The prosecutor, more commonly known as the district attorney, is responsible for presenting the state’s case against the defendant and with the considerable prosecutorial discretion the position affords, singularly decides to bring charges or not against an individual in the first place. Before a prosecutor can present the state’s case, they first must decide to formally charge the accused. The codes and standards that govern the position of prosecutor hold the upmost importance on seeking justice for victims and not simply on obtaining a conviction. The prosecuting attorney always represents the government or the interests of the public when prosecuting a case. Prosecutors have limited resources and their job description...
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...Courtroom Players A courtroom work group refers to the professional key players in a courtroom. These professional key players include the judges, prosecuting attorneys, defense attorneys, public defenders, and other member who make a living serving the court. The judge is the lead player in the court room and holds all the authority. “The prosecuting attorney represents the government or the interest of the community in a criminal trial.” (University of Phoenix, 2011). The defense attorney is a trial lawyer that is either hired or appointed to represent a person accused of a crime and to make sure that the rights of the defendant are not violated by the criminal justice system. If the defendant is unable to afford a lawyer than a public defender will be appointed by the court to represent the defendant in court. The bailiff role is to maintain order in the court, call witnesses, announce the present of the judge, prevents the defendant from escaping and to supervise the jury. The courtroom reporter keeps records of all the activity that takes place during a trial. The courtroom clerk “maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial. The clerk also prepares a jury pool, issues jury summonses, and subpoenas witnesses for both the prosecution and the defense. During the trial, the clerk (or an assistant) marks physical evidence for identification as instructed by the judge and maintains custody of that evidence...
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...Courtroom Players Response A courtroom work group refers to the professional key players in a courtroom. These professional key players include the judges, prosecuting attorneys, defense attorneys, public defenders, and other member who make a living serving the court. The judge is the lead player in the court room and holds all the authority. “The prosecuting attorney represents the government or the interest of the community in a criminal trial.” (University of Phoenix, 2011). The defense attorney is a trial lawyer that is either hired or appointed to represent a person accused of a crime and to make sure that the rights of the defendant are not violated by the criminal justice system. If the defendant is unable to afford a lawyer than a public defender will be appointed by the court to represent the defendant in court. The bailiff role is to maintain order in the court, call witnesses, announce the present of the judge, prevents the defendant from escaping and to supervise the jury. The courtroom reporter keeps records of all the activity that takes place during a trial. The courtroom clerk “maintains all records of criminal cases, including all pleas and motions made both before and after the actual trial. The clerk also prepares a jury pool, issues jury summonses, and subpoenas witnesses for both the prosecution and the defense. During the trial, the clerk (or an assistant) marks physical evidence for identification as instructed by the judge and maintains custody of that evidence...
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...One of the most important rights awarded to the accused is the right to be represented by an attorney. Most individuals accused of a crime will most likely not have an adequate defense without the assistance of counsel. The development of the right to counsel in the twentieth century focused on the issue of whether the state had to pay for attorneys for individuals what are indigent or to poor to pay. Because of Powell v. Alabama, the Court found that in particular cases, state courts had to provide free counsel to criminal defendants. In addition, the right to counsel attaches at the initiation stage of the criminal proceedings. Separate from the Sixth Amendment right to counsel and prior to the initiation stage, an individual has a Fifth Amendment right to counsel during custodial interrogation as well. Zalman (2008) stated “Counsel is required at a pretrial proceeding if it is one in which factual determination can be made that could determine the outcome of the case and in which a lawyer plays a significant role” (p. 337).The adversarial nature of the trial process makes even routine cases dependant on trained, competent lawyers. A defendant without counsel is at an extreme disadvantage. Development of the Right to Counsel In the past, the right to counsel meant the right to retain counsel; that is, if the defendant could afford an attorney, he had the right to use an attorney. This right was denied to the indigent defendant. Zalman (2008) affirmed, “Under the U.S. Constitution...
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