#JUDGE OVERSIGHT PROCESS TRIAL#
#JUDGE OVERSIGHT PROCESS PROFESSIONAL#

#JUDGE OVERSIGHT PROCESS TRIAL#

The symbolism and ceremony of a criminal trial reinforce this view. вЂњIn the eyes of most Americans, the judge is the key player in the courtroom workgroup. However, with more states enacting mandatory minimums and sentence guidelines, judicial discretion has been severely curtailed. Judges have perhaps the broadest discretion in their role imposing sentences. Except for death penalty cases, jurors are generally not involved with sentencing the defendant. If the defendant is convicted, then the judge will impose the sentence. At the end of the jury trial, the judge gives a set of jury instructionsВ to the jurors which informs them on the law that applies to the case they are deciding. When the defendant elects for a jury trial, the jury decides what the facts are.В In either a bench or jury trial, the trial judge rules: on the admissibility of evidence (whether a jury is entitled to hear certain testimony or look at physical evidence), whether witnesses are competent, whether privileges exist, whether witnesses qualify as experts, whether jurors will be excused from jury service, etc. Because most cases are resolved prior to trial through plea-bargaining, one important judicial function is taking the defendantвЂ™s guilty plea.ДЄt trial, if the defendant elects to waive a jury, there is a bench trial, and the judge sits as the вЂњtrier of fact.вЂќ Like jurors in a jury trial, the judge has considerable discretion when deciding what facts were proven (or not) by the parties and what witnesses he or she finds credible. Some rules governing judges are flexible guidelines while other rules are very precise requirements.Дuring the pretrial phase, judges make rulings on the partiesвЂ™ motions, such as motions to exclude certain physical or testimonial evidence, motions to compel discovery, and motions to change venue. Judges are bound by the applicable rules of law when deciding cases and writing their legal opinions. In addition to the ethical and disciplinary rules governing all attorneys in the state, trial judges are subject to judicial codes of conduct. Trial judges have considerable, but not unlimited, discretion. They issue search and arrest warrants, set bail or authorize release, sentence offenders, engage in pre-sentence conferences with attorneys, work with court clerks, bailiffs, jail staff, etc. Trial court judges are responsible for presiding over pre-trial, trial and sentencing hearings, as well as probation and parole revocation hearings.

Trial judges: Misperceptions and Realities Although the American criminal justice system is said to represent the adversarial model, the reality is that prosecutors, defense attorneys, judges and court staff work with cooperation and consensus rather than conflict.В This is understandable when considering the common goal of efficient and expedition case processing and prescribed and agreed upon rules for achieving those goals.

#JUDGE OVERSIGHT PROCESS PROFESSIONAL#

As persons admitted by the state or federal bar associations to the practice of law, they are subject to the same legal codes of professional responsibility, disciplinary rules, and ethical rules and opinions for lawyers. These law professionals are graduates of law schools and have passed the bar examination establishing their knowledge of the law and their ability to do legal analysis. Prosecutors, defense counsel, and judges perform different roles, but all are concerned with the judicial process and the interpretation of the law.

Judges, aided by several court personnel, conduct the pretrial, trial, and sentencing hearings. The defense attorney represents the defendant after charges have been filed, through the pre-trial process, in a trial, and during sentencing, and maybe on the appeal as well. The prosecutor files the accusatory instrument called either an informationВ or an indictment, and represents the state in plea bargaining, on pretrial motions, during the trial, and in the sentencing phase. The accusatory phase (the pre-trial phase) and adjudicatory phase (theВ trial phase) of the criminal justice process include individuals who regularly work together in the trial courts. This chapter more generally uses the term to include all the individuals working in the criminal courts-judges, attorneys, and the variety of court staff. In their 1977 book, Felony Justice: An organizational analysis of criminal courts, James Eisenstein and Herbert Jacob, coined the term вЂњcourtroom workgroup.вЂќ They specifically referred to the cooperative working relationship between prosecutors, defense attorneys, and judges in working together (as opposed to an adversarial relationship that the public might expect) to efficiently resolve most of the cases in the criminal courts. Courtroom Players: Judges and Court Staff

Judge oversight process