Please enable JavaScript.

Coggle requires JavaScript to display documents.

courtroom structure and actors, trial judge rules on the admissibility of…

- - - - During the pretrial phase, judges make rulings on the parties’ motions, such as motions to exclude certain physical or testimonial evidence
        
        if the defendant chooses a bench trial, the judge has discretion when deciding what facts were proven or not proven and what witnesses they find credible
        
        If the defendant is convicted, the judge will give a sentence. Jurors are typically not apart of sentencing except with the death penalty
        
        If the defendant chooses a jury trial, the jury decides what facts are true and false
      - Selection and Qualifications
        
        In most jurisdictions the sole qualification to be a trial judge is graduating from law school and membership in the state’s bar association
        Judge selection and term lengths vary state to state
    - - record and mark physical evidence introduced in the trial, swear in the witnesses, or administer the oath to the witness, take notes cataloging the recordings, etc
    - - call the session to order, announce the entry of the judge, make sure that public spectators remain orderly, keep out witnesses who might testify later, and attend to the jurors
    - - hire and train court personnel, ensure that the court caseloads are efficiently processed, keep records, send case files to reviewing courts, ensure that local court rules are being implemented
    - - investigate defendants’ financial status and determines whether they meet the criteria for court-appointed counsel
    - - sends out jury summons to potential jurors, coordinates with the scheduling clerk to make sure enough potential jurors show up at the courthouse, schedules jurors to fill panels, arranges payment to jurors for their service, and arranges lodging and meals for jurors in the event of jury sequestration
    - - expected to have a vast knowledge of local court rules and protocols, administrative rules, general office practices, and ensure safety protocol is established and followed.
    - - meet with defendants at the jail to gather information to pass on to the judge who makes release decisions
        make recommendations based on the defendant’s likelihood of reappearance and other considerations specified by statute or local rules
    - - set all hearings and trials on the court docket and notes the anticipated duration of trials
  - - - Federal Prosecuting Attorneys
        
        They are part of the U.S. Department of Justice and work under the Attorney General of the United States
        
        U.S. Attorneys are given considerable discretion, but they must operate within general guidelines prescribed by the Attorney General
        
        Senators from each state recommend potential U.S. Attorney nominees who are then appointed by the President with the consent of the Senate.
      - State Prosecuting Attorneys
        
        Represent citizens of the state
        
        The official with the primary responsibility for prosecuting state violations is the local prosecutor. Most local prosecuting attorneys are elected in a partisan election in the district they serve
        
        The State Attorney General's Office can trump the local prosecutor's authority but rarely does
        
        The prosecuting attorney and the attorney general ordinarily are the only officials with authority to prosecute violations of state law. State Attorney Generals are elected in forty-two states, appointed by the governor in six states, appointed by the legislature in one state, and appointed by the state supreme court in another
        
        Requirements: Most states require that the prosecutor be a member of the state bar. Some also require that they have several years in the practice of law
  - - - Anyone accused of a crime or infraction has the right to hire counsel and have them defend them at trial. The attorney must be recognized as qualified to practice law within the state or jurisdiction.
    - - The Sixth Amendment: Everyone has the right to have an attorney’s assistance at all critical stages in the process, or at all criminal proceedings that may substantially affect the right of the accused.
        The state pays the costs of the defense counsel when a person is indigent or has insufficient financial resources to pay
        
        Public defenders are assigned to courtrooms not clients. Most states now have public defenders' offices and frequently have investigators on staff to help the attorneys
      - Appointed by judge from rotating list of volunteers when defendant cannot afford attorney
    - - For a waiver to be constitutional, the court must find that the defendant knew they had a right to counsel and voluntarily gave up that right, knowing that they had the right to claim it. Standby counsel
- - - - Made up of nine justices, clerks, and administrative staff