Judge Prosecutor Defense Attorney 2 Copyright Texas Education Agency (TEA)

Courtroom ParticipantsDuties & Responsibilities during Criminal

Trials

Professional Participants

Judge Prosecutor Defense Attorney

2Copyright Texas Education Agency (TEA)

Para-professional Participants

Bailiff Clerk Court Reporter


Non-professional Participants

Jury Defendant Victim Witnesses



Main Duty: To ensure justice is done! Makes Rulings: Decides on the

admissibility of evidence; rules on objections and motions

Keeps control in the courtroom Bench trial Sentencing

JUDGE


Judges Qualifications

Have a law degree (in most cases)

› Juris Doctorate Be a licensed attorney Be a member of the State Bar Receive proper training


Judges: How do they get their jobs?

Appointed by the governor Popular election Hired Federal judges areappointed by thePresident



PROSECUTORAlso called District Attorney State’s Attorney


Prosecutor’s Duties

Presents information or evidence to a grand jury

Prosecutorial discretion Questions witnesses for the state Requests guilty verdicts or convictions Represents the state in appeals Has the burden of proof Must present a “Prima Facia” case



DEFENSE ATTORNEY Represents the person accused of

committing a crime Plea bargains Prepares the defense Questions witnesses

› Directs own› Cross-examines the state’s


Defense Attorney

Disputes claims made by the prosecutor

Sentencing Files Appeals Argues Appeals May remain silent if no Prima

Facia Case11Copyright Texas Education Agency (TEA)

Defense Attorney (continued)

TYPES OF DEFENSE ATTORNEYS

Private attorneys hired by a defendant

Court-appointed attorneys

Public Defenders


Para-professional Participants

BAILIFF Keeps order in the courtroom Secures witnesses Maintains physical control over the

defendant if not released on bail Announces the judge’s entry


Para-professional Participants(continued)CLERK Works directly with the trial

judge Responsible for court

paperwork and records before and during the trial


Para-professional Participants(continued)COURT REPORTER Stenographer Maintains a written record of all

court proceedings› Transcribes every spoken word during

the trial Transcripts are necessary for appeals


Non-professional Participants

JURY Selection:

› Voir Dire

› Challenges To the Array For Cause Peremptory


Non-professional Participants(continued)DEFENDANT The “accused”

The person against whom a criminal complaint or indictment is filed


Non-professional Participants(continued)VICTIM Crime committed against Suffered death or serious physical or

mental suffering OR A loss of property resulting from the

actual or attempted criminal actions of others


Non-professional Participants(continued)WITNESSES Sworn testimony received as evidence Have personal knowledge of the facts Types of Witnesses

› Expert› Lay


Witnesses

EXPERT WITNESSES Have special knowledge and skills

recognized by the court May express opinions or draw

conclusions Usually paid


Witnesses (continued)

LAY WITNESSES Eyewitnesses Character Witnesses Not considered experts May testify ONLY to the facts


Common court room objections:

"Objection, your Honor, the question is ambiguous.”

A question is ambiguous if: It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning.

Copyright Texas Education Agency (TEA) 22

“Objection, argumentative”

A question is argumentative if: It is asked for the purpose of persuading the jury or the judge, rather than to elicit information. It calls for an argument in answer to an argument contained in the question. It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts.Copyright Texas Education Agency (TEA) 23

“Objection, asked and answered”

A question may be objectionable on the ground that The witness has already answered a substantially similar question asked by the same attorney on the same subject matter.


“Objection, hearsay”

A question is hearsay if: It invites the witness to offer an out-of-court statement to prove the truth of some matter in court. There are many exceptions to the hearsay rule.

Exceptions: Dying declaration Res gestae statements Excited utterancesCopyright Texas Education Agency (TEA) 25

“Objection, leading”

A question is leading if: It is one that suggests to the witness the answer the examining party desires. However, this type of question is allowed on cross-examination of a witness.

Example: “Did the defendant threaten you

with a gun?” or “You were threatened with a gun, right?”


“Objection, calls for speculation”

A question is speculative if: It invites or causes the witness to speculate or answer on the basis of conjecture.

Exception: Expert witnesses can answer

based on conjecture if the question falls within their area of expertise.


ALL PARTICIPANTS…

WORK TOGETHER TOWARD A COMMON GOAL:

EFFICIENT CONCLUSION TO A CASE


Resources

020547893X, Allyn & Bacon, Criminal Justice, 2006, James Fagin

Law Focused Education, Inc. https://www.texaslre.org/jury_game/jurygame_intro.html


https://www.texaslre.org/jury_game/jurygame_intro.html

https://www.texaslre.org/jury_game/jurygame_intro.html

Documents

Judge Prosecutor Defense Attorney 2 Copyright Texas Education Agency (TEA)