Courtroom Participation Paper

Courtroom Participation Paper

Courtroom Participation One of the core components to the criminal justice system is the judicial system. The judicial system consists of participants who have specialized roles that are associated with the courtroom. There are 10 basic roles that the participants play which include; judge, prosecutor, defense counsel, bailiff, court reporter, clerk of the court, witness, jury, defendant, and spectators. The judge has the ultimate authority in the courtroom, and is used to protect both the rights of the accused, and the best interest of the public. Courtroom participation is an important aspect, and is necessary in helping to secure the rights which are protected under the United States Constitution. The courtroom work group works together, and is guided by ethical considerations, and statuatory requirements that are bound by law (Siegel, Schmalleger & Worrall, Chapter 7, 2011). There are professional, and nonprofessional participants that help to make sure that everyone is guarenteed a fair, and just trial. This paper discusses the important roles that each particpant plays in the judicial system. Each member of the courtroom has duties, and responsibilities that help in the procedures that are established in court proceedings. Courtroom Participants And Their Roles The courtroom arena is equipped with different players who make up the core of the court system each player posses a different skill set and plays important roles in the preceding process. The participants in the courtroom are the prosecutor, the defense attorney, the judges, the defendant, the jury, and the victim. Each of the participants is intertwine together to resolve the decision of right and wrong. The head of the chain of participants are the judges and their main focus is to resolve any issue when it comes before the court (Siegel, Schmalleger & Worrall, Chapter 7, 2011). The opposite of the judge is the jury the core of their existence is to listen to presented evidence and renders their decision based on credible evidence. The jury weighs heavily on the defendant and making sure that the defendant is held accountable for his or her actions, with the calibration of the judge and jury this cohesive glue will decide the outcome of the defendant. The prosecution and the defense attorneys are on different side of the law but work sometimes hand in hand together to find the best resolution of the law when it comes to the defendant and victim. The defense attorney makes decision when concerns the defendant making sure that the defendant knows his or her options in regards to the due process. The defense attorney acts for the defendant the defense attorney is a very specialized participate of the law, they are skilled in litigation and must know all facets of the law (Siegel, Schmalleger & Worrall, Chapter 7, 2011). Each participate in the courtroom lends themselves hand and hand and every piece is needed to resolve any issues when it comes to the courtroom process. Courtroom Major Participants’ Duties And Responsibilities Judges are often described as triers of law (or finders of law), meaning that they are generally tasked with resolving any legal matter that comes before the court. For example, if one of the attorneys in a civil case goes too far in questioning a particular witness, such as by leading the person in a particular direction, the judge will make a ruling on the propriety of such action if the opposing party objects; in other words, the judge will determine whether the questioning can proceed. His or her decision will amount to applying the law, either as spelled out in statutes or as interpreted by other courts’ decisions. In some cases, judges serve as triers of law and fact (Siegel, Schmalleger, & Worrall, Chapter 7, 2011).

Defense attorneys perform essentially the same task—helping criminal defendants navigate the sometimes rough waters of the justice process. The defense attorney serves “as the accused’s counselor and advocate with courage and devotion to render effective, quality representation.” Good defense attorneys’ helping function is multifaceted:

• “They formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the justice system. • They are familiar with important legal rules because many criminal laws are hidden away in court interpretations of federal and state constitutions. • They spend crucial time on a case” (Siegel, Schmalleger, & Worrall, Chapter 7, 2011). Prosecutors in America are also somewhat unique in the sense of prosecution because they perform a range of functions. The usual functions are representing the government in court, executing the law, and upholding the federal and state constitutions, but prosecutors can also influence law enforcement activity as a result of their screening function. They can alter both the quality and nature of law enforcement investigations by deciding not to press charges against offenders; for example, if a prosecutor continually rejects a particular type of case, this may send a message to the police that enforcement of the underlying crime is not important (Siegel, Schmalleger, & Worrall, Chapter 7, 2011).

Courtroom participants’ selection process

With court cases, there are always key figures to ensure that a trial goes smoothly. Some are present more than others; however, each has a key responsibility in court proceedings. The major key players include the judge, the court reporter, the bailiff, the defendant or offender, the defense attorney, the prosecutor, the jury, the victim, and witnesses. In lower courts, judges are either selected or suggested by a politician of the state in which the judge will serve. Federal court judges are appointed by the President of the United States. The judge has a very important role in court proceedings, as they allow both parties to present their facts associated with the case and overseas all aspects of the trail. The court reporter and bailiffs are simply employed based on employment qualifications, but they assist the judge during trails. The court reporter records all the proceedings during the case. Bailiffs maintain order in the courtroom and supervise the jury if one is present. A jury is “a statutorily defined number of persons selected according to law and sworn to determine, in accordance with the law as instructed by the court, certain matters of fact based on evidence presented in a trial, and to render a verdict” (Siegel, Schmalleger, & Worrall, 2011, p. 344 – 345). The jury is randomly selected within the jurisdiction of where they are summoned to serve. All United States citizens that are 18 years of age and older are eligible to become members of a jury or summons to jury duty. If a jury is elected, they play a major role in court proceedings. Members of a jury are there to hear the facts and see the evidence of a case, and make a determination of guilt or innocence in connection of the charges of the defendant. Prosecutors are often chosen through elections, and they are there to represent the “people” or the victims. The defense attorneys are either in private practice or employed by the city, county, or state to represent the defendant. They are there to ensure that the rights of the accused are maintained and to defend the accused. The defendant, victim, and witnesses are parties due to the circumstances. These key players are the entire reason the court proceedings are in process.

In conclusion, as you have read the roles of each member in the courtroom workgroup is an important aspect to the judicial system. The way that members are selected helps to ensure that the rights of individuals, and the society are protected. The Sixth Amendment to the United States Constitution states that in all criminal prosecutions, the accused has the right to a speedy, and public trial (“Sixth Amendment”, n.d.). Through the rights established under the Constitution, each memeber of the courtroom workgroup helps to adhere to these laws. Under the guidance of the proceeding judge, the courtroom, and their participants work together to to make sure that in all these criminal prosecutions are handled in a fair manor. The criminal justice system through court proceedings is an important facet to due process. From the role of the judge to the role of the spectators all members are vital in securing the saftey, and well being of individuals within the court system.

References
Siegel, L., Schmalleger, F., and Worrall, J.(2011). Courts and Criminal Justice in America (1st edition). Pearson.
Sixth Amendment. (n.d.). Retrieved from http://www.law.cornell.edu/constitution/sixth_amendment

References: Siegel, L., Schmalleger, F., and Worrall, J.(2011). Courts and Criminal Justice in America (1st edition). Pearson. Sixth Amendment. (n.d.). Retrieved from http://www.law.cornell.edu/constitution/sixth_amendment