Transcript Dynamics Of Courthouse Justice

Dynamics Of
Courthouse Justice
Chapter Five
1
Courthouse Actors
• Lawyers:
– Prosecutor
– Public Defender
– Private Defense
Attorney
– Judge
– Law clerk
• Court Support Staff:
–
–
–
–
–
Clerk of Court
Court Reporter
Secretary
Translator
Court Administrator
2
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
3
Who Manages the Courts?
• Job varies from jurisdiction to jurisdiction
• Most common variation include:
– Clerks of Court
– Chief Judges
– Court Administrators
4
Clerk of Court
• Responsibilities:
–
–
–
–
Docketing (Scheduling) cases
Collecting fees
Overseeing Jury Selection
Maintaining court records
• Most operate semi-autonomously from the
judge
5
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.
6
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
7
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
8
The Courtroom Workgroup
•
•
•
•
•
•
Mutual Interdependence
Shared Decision Making
Socialization
Normal Crimes
Rewards and Sanctions
Variability
9
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
10
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.
11