Courtroom Standards Analysis Paper
Courtroom Standards Analysis
University of Phoenix
Abstract
The United State’s Criminal Justice system allows people to be put to a fair trial within a court of law. This means that everyone has the right to be tried for the crimes that he or she is being charged with and has the right to an unbiased trial. Though everyone has this right, many people do not know how the trial process works, or do not know what the courtroom personnel do. The purpose of this paper is to explain how the major personnel of the courtroom work and the rolls and responsibilities of each person.
Courtroom Standards Analysis
The Role of Judge
The judge’s role in the justice system is complex. This is because there are a number of tasks that must be performed …show more content…
by a judge during trial. A judge must first maintain order during the while effectively presiding over trial. A judge must also take account of all evidence and determine what will or will not be accepted into trial. The judge must also interpret the law and educate the jury as to what laws are important in deliberating the case at hand. The judge is also responsible for examining the evidence introduced in trial and determining the innocence or guilt of all parties. The judge must decide on an appropriate sentencing outcome on a case by case basis in conjunction with the statutes established by law.
The judge is primary in deciding the fate of those on trial. He is independent in that no other entity within the courtroom can take on these roles. “Judges are expected to stand firm. Adherence to and if necessary, judicial enforcement of the rules is and remains a high priority, and judges and practitioners who fulfill their own responsibilities within the trial process on the basis that time is a limited resource can anticipate wholehearted support in this court if and when they are criticized for doing so” (Denyer, p.101, 2010). The judge is also interdependent. Without prosecutor, courtroom personnel, and defense counsel it would be impossible for the judge to properly deliberate and carryout sentencing. A collaborative effort is made by prosecutor, defense, judge, court room personnel to carry out justice as defined by Constitutional law.
Prosecutor Roll
The prosecutor’s role is to guarantee that the judge processes the charges brought against an individual. The prosecutor examines the evidence to use in court, interrogates witness, and victims. The prosecutor’s office regulates the way in which the prosecutor can change the charge. The prosecutor has the right to change in favor of the person on trail, or he/she can withdraw the charge in court if they have reason to do so.
The prosecutor has the burden to prove his or her case they have to make sure they have evidence that will support their case, this includes creditable witnesses who have direct contact and knowledge of the case at hand. Once the prosecutor has presented his or her case before the judge and jury he makes his final closing remarks, and this the most crucial part of his or her case, he or she has to convince the jury that his or her evidence will prove guilt without a reasonable doubt, meaning that there is no doubt in the jury minds that the evidence shown in court along with the witnesses have proven that the defendant is guilty. He has to state his arguments, his conclusions, and formulates his proposals on how the case should be dealt with in court.
Defense Counsel The defense counsel play a critical role within the criminal justice system but at times they are made to look as the person that helps criminals walk free. The job of the defense attorney is to provide the best representation available to them. They are there to inform the client of their rights, to be sure they know what they are being questioned of, and to be sure that the laws that are in placed are followed throughout the duration of the case.
The defense counsel works with all members of the courtroom on a different circumstance.
The deal with the judge in the same manner as the rest of the people involved in the court room by showing the upmost respect and following the rules that are enforced by the judge. The interaction with the prosecution can at times be a bumpy ride due to the fact the prosecution will do what is necessary and at times can slip away from playing by the rules. The defense will find holes in the prosecution and provide the information to their client. At times some of the actions can lead to a person who may be proven guilty the chance to walk due to the fact of the rights being broken. The defense does what is best for the client with the information provided and the ability to enforce that their client is being treated to a fair trial.
Other Courtroom Personnel
The trial process is one of the most important parts of the criminal justice system. The part where the person accused of committing a crime is either cleared or held accountable for his or her actions. There are several people whose job is to make sure that the process runs smoothly.
The Courtroom Clerk’s job is to document what happens in a case, orders that are made by the court during the trial, and the verdict at the end of the trial. The courtroom clerk also administers the oath or affirmation to all jurors and witnesses before they testify. They also mark all exhibits and evidence that is …show more content…
received.
The bailiff is the security of the courtroom. They are responsible for keeping order in the courtroom during the trial. They also are the one to open and close the court each day. During jury deliberations the bailiff will sit outside the jury room ensuring everyone’s safety.
A Court Reporter’s job is vital to keeping record of all words that are spoken during the trial. The notes that are taken during a trial is transcribe as a written record of the trial. This is very important if there should be a question on what was said or done during trial.
Each person that works in the courtroom has a job that is vital to the operation of the trial process. They safety of everyone that steps into the courtroom is vital. The process of keeping track of all evidence and having a record of everything that is said not only protects the person that has been accused of a crime but also protects everyone who works in the courtroom.
Conclusion:
In closing the courts of the American Criminal Justice system try to offer an atmosphere of impartiality as much as possible.
From the use of a judge to listen to both sides of the trial, to the impartial jury that is used to decide the verdict of the trial. Everyone in the courtroom is there to offer a fair, and safe trial for whomever may have charges brought against them. It may be true that there are many things within the Criminal Justice system that may not work efficiently or even effectively, however there is nothing that is perfect. There is something to be said when it comes to the American Justice system; it gets many things right when it comes to equal rights and fairness for the American
people.
References
Denyer, R.L. (2010, April). The changing role of judge in the criminal process. International Journal of Evidence and Proof, Vol. 14(Issue 2), p.96-106.
Euro Justice (2006, October). Welcome to Eurojustice, prosecution in the European Union. http://www.euro-justice.com
National Institute of Justice. (2012). Courtroom Personnel. Retrieved from http://www.nij.gov/
University of Phoenix
Abstract
The United State’s Criminal Justice system allows people to be put to a fair trial within a court of law. This means that everyone has the right to be tried for the crimes that he or she is being charged with and has the right to an unbiased trial. Though everyone has this right, many people do not know how the trial process works, or do not know what the courtroom personnel do. The purpose of this paper is to explain how the major personnel of the courtroom work and the rolls and responsibilities of each person.
Courtroom Standards Analysis
The Role of Judge
The judge’s role in the justice system is complex. This is because there are a number of tasks that must be performed …show more content…
by a judge during trial. A judge must first maintain order during the while effectively presiding over trial. A judge must also take account of all evidence and determine what will or will not be accepted into trial. The judge must also interpret the law and educate the jury as to what laws are important in deliberating the case at hand. The judge is also responsible for examining the evidence introduced in trial and determining the innocence or guilt of all parties. The judge must decide on an appropriate sentencing outcome on a case by case basis in conjunction with the statutes established by law.
The judge is primary in deciding the fate of those on trial. He is independent in that no other entity within the courtroom can take on these roles. “Judges are expected to stand firm. Adherence to and if necessary, judicial enforcement of the rules is and remains a high priority, and judges and practitioners who fulfill their own responsibilities within the trial process on the basis that time is a limited resource can anticipate wholehearted support in this court if and when they are criticized for doing so” (Denyer, p.101, 2010). The judge is also interdependent. Without prosecutor, courtroom personnel, and defense counsel it would be impossible for the judge to properly deliberate and carryout sentencing. A collaborative effort is made by prosecutor, defense, judge, court room personnel to carry out justice as defined by Constitutional law.
Prosecutor Roll
The prosecutor’s role is to guarantee that the judge processes the charges brought against an individual. The prosecutor examines the evidence to use in court, interrogates witness, and victims. The prosecutor’s office regulates the way in which the prosecutor can change the charge. The prosecutor has the right to change in favor of the person on trail, or he/she can withdraw the charge in court if they have reason to do so.
The prosecutor has the burden to prove his or her case they have to make sure they have evidence that will support their case, this includes creditable witnesses who have direct contact and knowledge of the case at hand. Once the prosecutor has presented his or her case before the judge and jury he makes his final closing remarks, and this the most crucial part of his or her case, he or she has to convince the jury that his or her evidence will prove guilt without a reasonable doubt, meaning that there is no doubt in the jury minds that the evidence shown in court along with the witnesses have proven that the defendant is guilty. He has to state his arguments, his conclusions, and formulates his proposals on how the case should be dealt with in court.
Defense Counsel The defense counsel play a critical role within the criminal justice system but at times they are made to look as the person that helps criminals walk free. The job of the defense attorney is to provide the best representation available to them. They are there to inform the client of their rights, to be sure they know what they are being questioned of, and to be sure that the laws that are in placed are followed throughout the duration of the case.
The defense counsel works with all members of the courtroom on a different circumstance.
The deal with the judge in the same manner as the rest of the people involved in the court room by showing the upmost respect and following the rules that are enforced by the judge. The interaction with the prosecution can at times be a bumpy ride due to the fact the prosecution will do what is necessary and at times can slip away from playing by the rules. The defense will find holes in the prosecution and provide the information to their client. At times some of the actions can lead to a person who may be proven guilty the chance to walk due to the fact of the rights being broken. The defense does what is best for the client with the information provided and the ability to enforce that their client is being treated to a fair trial.
Other Courtroom Personnel
The trial process is one of the most important parts of the criminal justice system. The part where the person accused of committing a crime is either cleared or held accountable for his or her actions. There are several people whose job is to make sure that the process runs smoothly.
The Courtroom Clerk’s job is to document what happens in a case, orders that are made by the court during the trial, and the verdict at the end of the trial. The courtroom clerk also administers the oath or affirmation to all jurors and witnesses before they testify. They also mark all exhibits and evidence that is …show more content…
received.
The bailiff is the security of the courtroom. They are responsible for keeping order in the courtroom during the trial. They also are the one to open and close the court each day. During jury deliberations the bailiff will sit outside the jury room ensuring everyone’s safety.
A Court Reporter’s job is vital to keeping record of all words that are spoken during the trial. The notes that are taken during a trial is transcribe as a written record of the trial. This is very important if there should be a question on what was said or done during trial.
Each person that works in the courtroom has a job that is vital to the operation of the trial process. They safety of everyone that steps into the courtroom is vital. The process of keeping track of all evidence and having a record of everything that is said not only protects the person that has been accused of a crime but also protects everyone who works in the courtroom.
Conclusion:
In closing the courts of the American Criminal Justice system try to offer an atmosphere of impartiality as much as possible.
From the use of a judge to listen to both sides of the trial, to the impartial jury that is used to decide the verdict of the trial. Everyone in the courtroom is there to offer a fair, and safe trial for whomever may have charges brought against them. It may be true that there are many things within the Criminal Justice system that may not work efficiently or even effectively, however there is nothing that is perfect. There is something to be said when it comes to the American Justice system; it gets many things right when it comes to equal rights and fairness for the American
people.
References
Denyer, R.L. (2010, April). The changing role of judge in the criminal process. International Journal of Evidence and Proof, Vol. 14(Issue 2), p.96-106.
Euro Justice (2006, October). Welcome to Eurojustice, prosecution in the European Union. http://www.euro-justice.com
National Institute of Justice. (2012). Courtroom Personnel. Retrieved from http://www.nij.gov/