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The court serves as the primary role in the United States criminal justice system. In addition, the courts are a factor in the lives of American residents. For example, juvenile matters, custody, estate, adoption, divorce, and marriage are all issues which must bypass the courts system. In particular, courtroom participants are key factors in determining the results of civil and criminal cases. The key players involved with the court proceedings include jurors, prosecutors, defense attorneys, witnesses, victims, defendants, and judges. In addition, there are other courtroom participants which assist in administrative and instructional objectives. These additional courtroom participants are essential to the daily operations of the courtroom. Media attention and documentation is designated to courtroom reporters, interpreters, and speculators. It is important to acknowledge that it takes all of these participants to be active in order for the United States Legal system to work efficiently. Numerous Elements of Courtroom Participation
. and the instructions passed by the state and congress. altering arrest procedures through appellate rulings. Furthermore. or merited in the position depending on the state. the judge makes further decisions which influence the progress of the case and the future of the defendant of criminal or civil offenses. Aside from the final sentencing. Judicial discretion is the act in which the judge determines the outcome of the case per the official guidelines. The decisions made by the judge are based on the “rules of law”. Judicial discretion can be abused if the judge fails to oblige the sentencing guidelines. The judge makes their final decision based on the evidence and information which is presented in a courtroom. Duties and Responsibilities of Judges Judges are expected to handle multiple tasks at once but the most important objective for every judge is to make responsible and fair decisions. The position of a judge must serve as the median between the prosecution and the defense throughout the trial. judges take part in signing search and arrest warrants. Some of the participants are involved directly with the trial process and others are subject to lesser roles and receive less recognition. Nevertheless. elected. partisan elected. Enacted mandatory minimum sentencing statutes and sentencing guidelines are part of the justice system in order to restrict the latitudes of punishment embraced on criminals based on the crime. judicial discretion has to continue to represent enacted codes. there are various types of courtroom participates.Throughout the United States legal system. its important for all the participants to be involved in order for the court system is to be efficient. making the judge a vital part to the judicial system. The Role of a Judge Judges are either appointed. In addition. Judicial discretion is limited in the court of law. Judge made law or Common law are two of the “rules of law” as well as the principles of Constitution.
In addition. trials. The prosecution is significant to the courtroom and the criminal justice system. and deciding on preliminary hearings. As stated by law. overseeing jury selection among other duties. The prosecution essentially represents society above the individual victims. questions. hearing pre-trial notions. Furthermore. The prosecutor is viewed as the representative for society because in the criminal justice system. and legality throughout the court proceedings. they have the objective of protecting innocent parties from unwarranted prosecution using “legal safeguards”. and the procedural methods and/or objectives are successfully included throughout the trial. Prosecutors have the responsibility of doing everything possible so that the guilty parties are prosecuted.setting and revoking bail. society is viewed as the victim of crimes committed by the accused party. and not convictions. the judge must decide which facts are viable for the jury. The Importance of a Judge to Court Proceedings The position of the judge ultimately decides on the relevance and appropriateness of evidence. Regardless of the case or level of government. Role of the Prosecutor The prosecutor can either be elected or designated into their positions. appropriate evidence. the judge ultimately maintains direction. and all information pertinent to the case are contingent based on judicial decisions. and information in a courtroom. the defense attorney’s strategy. approving plea bargains. The ultimate goal for prosecutors is to obtain justice. the prosecutor has the responsibility to prepare and establish a viable case for the civil/criminal defendant. the presentation of the prosecution’s case. Furthermore. appeals. A Prosecutor’s Duties and Responsibilities . Because of this responsibility. “a crime against one person is a crime against all”. justice.
In addition. assuming there is enough evidence. the prosecution must determine how many different counts can be filed against the accused and the specific charges to file. Prosecutors also take advantage of mistrials and re-trials in order to dismiss charges against a defendant and re-file different charges based on the best prosecutorial approach to the case. Similar to prosecutors.Prosecutors must use discretion in order to obtain justice by searching for possible courses of action in particular cases. The prosecution of criminals is an act which adds credibility to the legal system. However. some believe that they have more discretion than any other member of the criminal justice system. prosecutors have the ability to re-file charges against the defendant. defendants are an essential part to . In addition. Justice cannot be served in a case which provides insufficient evidence and/or information. prosecutors have a vast range of discretion and opportunity when deciding for cases. Based on the flexibility of prosecutors. This is a scenario which happens often in the legal system. The prosecution decides if charges can be filed based on evaluation of evidence and legal factors. Role of the Defense A private defense attorney or an attorney who works for the state can sometimes be appointed to represent a defendant which cannot afford to hire their own counsel. Legal resources have become rather scarce so prosecutors will occasionally represent victims in the most severe of circumstances. in the scenario which the original case is declared as a mistrial. The Prosecution: Importance to Court Proceedings Prosecutors are a key entity in every single court proceeding. prosecutors carefully select their cases because they should not represent a defendant which is presumed to be guilty based on their research. Prosecutors will also use their discretion in order to present offers for the defense in the case of a plea-bargain. Furthermore. including judges.
invoking legal defenses. support. and finally. Finally. A defense attorney is responsible for allowing the defendant to express their side of the story in the court of law. .the criminal justice system. the defense attorney assists by collecting information and evidence which justifies the plea of the defendant. and counseling for their clients without the bias of personal emotions. In the scenario which the defendant is guilty. The defense proceeds to evaluate information and evidence related to the case as well as ensure that their individual rights are not violated. Furthermore. The defendant must express their side of the story regardless of their innocent or guilty plea. They successfully ensure that the application of checks and balances including searches and seizures and the prosecutions evidence does not violate the individual rights of the defendant. any information relating to the case is extremely important to the outcome of the case. Any individual which commits a crime or is suspected of committing a crime must be represented by a defense attorney. Defense Attorney Duties and Responsibilities Defense attorney’s have the responsibility of providing legal assistance. The defense attorney ultimately does everything possible to provide a viable argument of their client being “legally” innocent. the defense attorney makes all his decisions based on the best interest of the defendant. A defense attorney should always provide optimum defense regardless of any external influences or personal emotions. guidance. negotiating plea bargains. The best strategy for the defendant is often going to trial. Every defense attorney has the ultimate goal to provide the defendant with the best defense possible. The Importance of Defense Attorney’s to Courtroom Proceedings Defense attorneys are essential to the courtroom proceedings as well as the justice system. This is the only way which individual rights can be guaranteed. argues for a lighter punishment or penalty. the defense attorney still provides legal representation. In a criminal case.
In . The defense attorney does everything possible to defend their clients from the case built by the prosecutor in every legal way possible. all states ultimately select their jury based on a list of registered voters or a list of driver’s license holders. Jurors must take into consideration everything that happen in the courtroom from the very beginning when making decisions. The prosecution has the responsibility to build a case for the jury which confirms that the crime was committed by the accused. Without defense attorney’s. The Role of Jurors Jurors also play a significant role in the United States legal system. The obvious guilt of the defendant or otherwise should not lead to an abuse of their individual rights and the legality of the courtroom procedures. Jurors are one of the entities which evaluate the facts presented in the case. However. Jurors are neutral in the courtroom and only make decisions based on the information presented. defense attorneys are a vital part to the criminal court system.Defense attorneys are the primary enforcers when protecting the laws and rights of the defendant. All individuals regardless of their position on the law are entitled to their legal rights and individual liberties. in some cases the juror will be the determining factor in life or death. The jury ultimately determines the facts of the case based on the evidence and information presented by the defense attorney and the prosecutor. Again. jurors must oblige with legal instructions throughout the entire case. Nevertheless. Duties and Responsibilities of the Jury Jurors have the objective to make the most important decisions in a case. their would be no assurance that defendants are being protected against wrongful prosecution. Juror Selection The method to selecting a jury varies from state to state. an individual must first be an American citizen and atleast 18 years of age. In order to qualify for jury duty.
For example. business days of the week. There is an often scenario in which the plea bargain is determined by how the jury’s perspective of the case will determine the trial. the defense would strategize based on a plea bargain because it would be the most beneficial. Prosecutors also take jury response in consideration before opting to prosecute a case. Thus the reason why the influence of the jury expands outside the courtroom. Also. if the defendant thinks that the jury will conclude on a guilty verdict. Finally. jurors must have the ability to fully speak and understand the English language in order to make responsible decisions. The prosecution ideally functions as a member of the state but criminals would never be convicted without victims. Jurors do more than determine the future of the offender. the victim does not have a formal legal role in the legal system. there would be no reason for the state to prosecute and have a case.addition. the courtroom workgroup would be inexistent if there was not a case. Per Meyer and Grant. Victimhood is a role in the courtroom. and for an unspecified length depending on the case. The Defendant and the Victim The suspect or defendant is the purpose for every courtroom proceeding. Without charges being presented on an individual. Witnesses The witnesses presented in a courtroom are used in order to establish or confirm facts. jurors have to be available to attend jury duty during regular business hours. The Importance of Jurors to Court Proceedings The responsibilities of juries are very valuable to the efficiency of the legal system and criminal court proceedings. a history of criminal convictions will disqualify an individual from jury duty. Witnesses serve as evidence because they can confirm previous information in the trial or present . requesting the maximum sentence. Furthermore.
Eye witnesses. documented and illustrated dialogue. they saw what happened. they are given the opportunity to present their case and improve their credibility. An expert witness is normally very educated and/or has an extensive background relating to the case matter. Character witnesses can provide “offer evidence” which expresses the character of the trial participant. courtroom interpreters. character witnesses. prosecutor. defendant. transferred information.new information. jury commissioners. and victim. courtroom reporters. Regardless of their strategy. the jury can potentially interpret that as an admission of guilt. If a defendant does not exercise their right to take the stand. . and relayed information are accomplished successfully. expert witnesses. the defendant takes a risk either way. these added courtroom participants ensure that the transcribing. This is the reason why the defendant can testify in their own defense. and the defendant as a witness are the different categories of witnesses. Character witnesses can provide information in regards to the participant’s character or establish their reputation among the community. The other participants who include staff. Eye witnesses serve as testimony of visual confirmation of the crime. There are various types of witnesses depending on the need of the court. Bailiffs. Based on the circumstances. and courtroom spectators play vital roles in the courtroom proceedings. Other Courtroom Participants There are other participants in the courtroom aside from the judge. victim-witness assistants. a defendant can also classify as a witness. jurors. Furthermore. defense. Expert witnesses are used by the prosecutor or the defense in order to confirm facts with the “special knowledge” which they can provide. The defendant is often view negatively by the jury from the very beginning. Witnesses can be brought to court voluntarily or they are issued a subpoena and obligated to attend trial.
Finally. . Upper Saddle River. (1986). a better understanding of how influential the courtroom participants are and their effect on the legal system should be further examined for clarity. NJ: Pearson Prentice-Hall.aspx? ID=108137. 7(2).R. (2003). J. University of Bridgeport Law Review. J. Judicial Discretion. all the participants must fully understand how the cases are processed and the operations of the court system. The Courts in Our Criminal Justice System. The less significant roles that perform administrative duties are equally as important as the glorified roles in the courtroom. Retrieved from: http://legal-dictionary. (2011). there are different levels of importance within courtroom participants.ncjrs. & Grant. Meyer. Retrieved from: http://www.thefreedi ctionary. D.Within these other roles. Inc.gov/App/Publications/abstr act. 223-255. Inc.F. Defending Guilty People. The reality is that the objectives of all these added participants build clarity and among the courtroom which influences the ultimate verdict. Regardless. Reference Farlex.com/Judicial+Discretion Kaplan.
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