Courtroom Participation
CJA/224
November 3, 2010

Abstract Going through the criminal justice system could be a slow and painful process. To help expedite the process of the overwhelming number of cases that must pass through the system, an ensured relationship is formed in courtrooms between the main participants in the system (the judge, prosecutor, and defense lawyer). Other participants in the courtroom are the bailiff of the court, the clerk of the court, and the court reporter and thier roles are important also Additional participants include the victim, defendant, witnesses, and (depending on the case) a jury.
Courtroom Participation Paper The United States have what is known as an adversarial legal system of justice, which is legal cases are contests between two opposing sides fully and forcefully presenting evidence and legal arguments. Almost all civil cases and a majority of criminal cases are heard by a judge exclusive of a jury. The judge is obligated to provide free and unbiased judgment of the facts and how the law applies to those facts. In all criminal cases if the defendant is found guilty of a crime, he is then sentenced by the judge. Depending on the severity of the crime the judge may impose a term of imprisonment or he may order the defendant to pay a fine. If a defendant who is convicted of a crime and faces five years or more he has the right under due process to request a jury trial. A jury is a group of citizens, which hears evidence in legal disputes and determines what it believes, is the truth. Many defendants who face murder charges choose to have a trial by jury. The jurors become the arbitrator of the facts and review the evidence whereas the judge acts as the legal advisor. After deliberating the jury is expected to agree on a unanimous verdict of guilty or not guilty in criminal cases. Most cases are plea-bargained before trial because of the concern of what a jury may think if the case did come to trial (Meyer & Grant, 2003, p. 215). Every judicial circuit throughout the United States has a State Attorney (prosecutor) who appears in circuit and county court representing that state. State attorneys are supported by a staff of assistant state attorneys, investigators, and clerical personnel. Compared to the other participants in the courtroom, the role of the prosecutor is the least understood by the public. The prosecutor represents society and is authorized with the sole judgment to prosecute defendants in criminal and civil cases against the state. If a victim of a crime fail to proceed with a charge against a defendant, the prosecution may still proceed with the case. Although the defendant is not required to present any defense because the prosecution has the legal burden of proving the defendant guilty beyond a reasonable doubt (Meyer & Grant, 2003, p. 145). The defense attorney must look for possible violations of the defendant’s legal rights and bring out the facts that put the defendant’s case in the most favorable light using approve legal procedures. Criminal defendants who cannot afford a lawyer have the right to be appointed a public defender by the judge, who is paid with public funds (Gideon v. Wainwright, 1963). The public defenders represent indigent people who are charged with misdemeanor and felony crimes in county and circuit courts. Other personnel of the courts include the bailiff of the court, the clerk of the court, and the court reporter. The bailiffs are usually seated or standing near the judge. They have the responsibility of security in the courtroom and helping the judge to keep the trial running smoothly. They also are responsible for securing evidence during a trial, calling court order, administering the oaths to the witnesses, and requisitioning the jury (History and Guide to the U.S. Courts, 1997). The clerk of the courts is the official record keeper of court business. Every county has a clerk of the court that files all official transactions of business for the county. They are also responsible for jury management. Federal law requires that a word for word record be made of every trial. Some courts use court reporters who prepare trial records on a stenograph, while others maintain their official record on tape recordings. Written transcripts of the proceedings are produced by the court reporter in case either party wants to appeal the case (History and Guide to the U.S. Courts, 1997). Finally there are the victims, the defendant, and witnesses who are the final participants in a court of law. Usually there are two parties involved in the adversary process. The plaintiff (victim) is the side who is claiming the accusation and the defendant. The victim must report crimes in order for the legal process to begin and function. Their testimony in court proceedings help turns intangible justice and harm into tangible realities. The defendant is accused of harming the victim in some way. Although there is an accusation against the defendant, he is not considered guilty until the burden of proof is proven by the party making the accusation. Witnesses can either be plaintiff’s witnesses, government’s witnesses, or defense witnesses. They give testimony about the facts in the case which is in dispute and they also questioned by both parties. While a good number of criminal cases can be plea-bargained and never make it to a trial court there are still the ones that by-pass this stage. For the cases that come through the trial process of the legal system it is always the same group of participants assembling in courtrooms throughout the country. They either sit or stand in the same places and carry out the same responsibilities daily. Even the defendants and the types of crimes that they are accused of committing remain the same, only the names of the victims, the defendants, and the witnesses change.
References
History and Guide to the U.S. Courts. (1997, March). Retrieved from http://Courtroom Participants
Meyer, J., & Grant, D. (2003). The Courts in our Criminal Justice System. Upper Saddle River, NJ: Prentice Hall.