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CJ 210 (31)
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chapter 8 3:13 (Class).odt

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Criminal Justice
CJ 210

Chapter 8: 3/13 (Class) • The Courtroom work group: ◦ JudgeshipsProsecuting Attorney ◦ DefenseAttorney ◦ Public Defender ◦ The CourtAdministrator ◦ the Bailiff ◦ The Court Reporter ◦ Clerk of the Court • Judges: Primary duty is to ensure justice and fairness. ◦ Rules on most matters of the law ◦ Decides on the admissibility of evidence ◦ Guilt / innocence in absence of jury • Judicial Selection: ◦ Methods of Selection: ▪ Elected ▪ Appointed ▪ Nominated/confirmation ◦ Problems with the above: ▪ Political concerns ◦ Possible Solution: ▪ The Missouri Plan ▪ Includes the best of election and appointment method • Missouri Plan: ◦ Incorporates elements of both popular election and appointment ◦ When a vacancy occurs, the public votes to retain the judge or to have a new appointment made. • Qualifications of Judges ◦ Law degree ◦ Licensed attorney ◦ Member of the bargaining ◦ Courtroom experience may not be required ◦ Justices of the peace (magistrate) ▪ may not have a law degree • Prosecuting Attorney ◦ AKA: ▪ Solicitor ▪ DistrictAttorney ▪ StatesAttorney ▪ Chief Prosecutor ◦ Selection Process ▪ Attorney ▪ Law degree ▪ Usually elected • Prosecutors are called USAttorneys ◦ At the state level, most prosecutors are elected for a four year term ◦ Five states appoint their prosecutors • Prosecutorial Discretion: ◦ Examples: ◦ To charge or not to charge ◦ Determine Charge ◦ Accept a plea agreement • Defense Counsel: ◦ Role of the defense attorney ▪ Protect the rights of the accused ▪ See that the accused gets a fair trial ◦ Ethical Issues ▪ Attorney client privilege ▪ Perjury and privilege • Public Defender ◦ Indigency: Refers to criteria used by judges to determine elegibility of defendants for court- appointed counsel • Gideon v Wainwright, 1963: ◦ Right to counsel for the indigent at trial ◦ Case Facts: ▪ Arrested for burglary ▪ Request for attorney at trial denied ▪ Convicted ▪ Sent to prison ▪ Appealed and won ▪ Received a retrial ▪ Found not guilty at second trial ◦ All are now entitled to lawyer at trial • CourtAppointed Counsel: ◦ Private criminal attorneys ◦ Selected from a list ◦ Paid by the government ◦ To represent indigent defendants ◦ Majority of defendants have court appointed attorney • Professionals: ◦ Bailiff: ▪ Charged with ensuring order in the courtroom ▪ announces entry of judge ▪ Calls Witnesses ◦ Local CourtAdministrators: ▪ Facilitate the smooth running of courts in p
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