Courtroom Participation Analysis Essay

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Courtrooms are places where judges preside over trials and hearings and on certain occasions with a jury, on matters pertaining but not limited to estate, juvenile, adoption, divorce, custody or marriage issues. The two mentioned courtroom participants are the generally thought of when one is attending a civil or a criminal trial. However, there are a number of other participants such as the plaintiff, bailiff, defense attorney, prosecuting attorney, defendant, witnesses, deputy sheriff, court reporter and a court clerk. Each of these participants has differentiated roles and responsibilities to play in a courtroom.

Other than their specialized roles, the participants exhibit other varied work related features that actually define the court’s work. These are; authority relationships, influence relationships, mutual goals, various work technics and different degrees of familiarity and stability. This paper seeks to discuss the importance of these participants in a judicial system and how they are selected to become participants.

The judge’s role is to preside over trials from an elevated platform known as a bench. The major responsibilities of a judge include; maintaining the court’s order while a case is in process, determining whether the evidence given by either side is inadmissible, instructing the jury before the beginning of deliberations concerning the laws that apply to a case as well as the standards that must be used in concluding a case in jury trials, determining the facts and deciding a case in bench trials and finally sentencing convicted felon defendants. The president, with the approval of the senate is responsible for appointing the judges into office (The Trial Process, 2011).

The prosecutor plays a key function in the justice drama, and as district attorneys, they review cases that fall under their jurisdiction. They process cases and find out whether the police officers have made procedural arrests. The role of the prosecutor becomes more complex and specialized each day as the legal and law system grows. The United States attorney general who is the highest in rank of the law enforcement persons is appointed by the president. State level attorney generals are elected by voters. Their task involves prosecuting criminals to the law’s highest degree thus making their role the first in the line of courtroom workgroup (Rodgers & Lyublianovits, 2011).

The jury’s presence in a court is only by demand in a civil case and by mandate in a criminal case except for when a defendant waives. A panel of jury is normally selected by the attorneys and the judge to sit on the court panel and they must be present all through the trial. Since a jury is only selected to serve a particular case, the jurors are not expected to return. While the jury receive law instructions from the judge, they are responsible for concluding the facts and rendering the last decision (Rodgers & Lyublianovits, 2011).

The bailiffs assist the judges in maintaining order within the courtroom. In the absence of a bailiff, a deputy sheriff or a police officer may hold the position depending upon the state or area. Normally, a bailiff is not a court employee. They intervene when a person becomes disruptive in the courtroom and at times might have to remove the individual from the room. Apart from that, they escort a defendant into and out of the court for trial proceedings. In addition, they ensure the safety of the juror during the proceedings and thereafter walk them to their vehicle (Bucy, 2009).

A defendant is a person or an institution against which an action is brought in a court of law- the person being sued or accused. A defendant can privately hire a defense attorney or a court can appoint one in cases where a defendant is not able to afford. A court-appointed defense attorney is a populace defender hence has to assure the defendant’s rights just like any other defense attorney. The Miranda rights informing an offender of the right to have a defense attorney present is read once he/she has been accused. Basically, the main functions of a defense attorney are; oral argument presentation in a courtroom, evidence presentation, cross-examination of prosecution witnesses, and research and investigation into the matter in trial (Moore & Coquillette, 2010).

The witnesses provide testimonies concerning the facts of the case in question. They sit looking the court while testifying. A plaintiff is an individual who brings an action in a court of law- a complainant (The Trial Process, 2011). A court reporter’s work usually involves typing the trial’s official record (every bit of information introduced or said in evidence) while seated by the witness stand. Using a stenographic machine, a verbatim record is made for each record as a requirement of the federal law. A court reporter may also produce a written copy of proceedings if a party makes an appeal to the case or asks for a copy to review (Moore & Coquillette, 2010).

A courtroom clerk usually seats close to the judge and his roles involve administering oaths to witnesses, marking the exhibits and assist the judge in keeping the trial smooth (Bucy, 2009).

As noted, all courtroom participants are influenced and influence other participants as they have different areas of specialties and bases of authority. However, their mutual goals are to exercise justice, maintain group cohesion, dispose of case loads and reduce uncertainty. Conclusively, it can be said that courtroom workgroup is fundamental to outcome determination in both criminal and civil cases.

References

The Trial Process. (2011). Web.

Bucy, P. H. (2009). Courtroom Conduct by Spectators. University of Alabama.

Moore, J. W., & Coquillette, D. R. (2010). Moore’s Federal Practice. Matthew Bender.

Rodgers, C., & Lyublianovits, J. (2011). . Web.

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