Unit 4 Notes
Judges act in three major roles:
1.
Adjudicator – must assume a neutral stance
between the prosecution and the defense.

Must apply the law fairly to uphold the rights of the
accused.
Negotiator
Adjudicator
Administrator
2.
Negotiator – act as a referee between
prosecutors and defense attorneys when plea
bargaining, sentencing, setting bail, and
proceeding through the trial.
3.
Administrator - direct those who keep records,
schedule cases, and are generally in charge of
the courtroom and staff.
 Act as lawyers for the state and present evidence on behalf
of the people.
 Primary duty is not to convict the
accused, but to see that justice is done.
 Suppression of facts or witnesses
capable of establishing the innocence
of the accused is illegal.
 They may use their discretion to decide when to charge a
suspect, what the charges should be, and recommend
sentencing.
 Advise the defendant and protects
his/her constitutional rights
throughout the justice process.
 Duty is to make sure the prosecution proves its case in
court.
 May advise their client to plea
bargain if they believe the
prosecution has enough evidence
to prove guilt.
 Indigent defendants are those who are too poor to afford their
own attorney.
 Often these attorneys are inexperienced, overworked, and
underpaid.
 In some states, non-profit organizations pay
for indigent counsel instead of the state or
local governments.
 The majority of accused criminals are
represented by public defense, not private.
 Bail is a sum of money or property, that the defendant
must present to the court in order to gain pretrial
release.
 The bail will be forfeited if
the defendant does not appear
in court as scheduled.
 Some states allow defendants
to pay 10% of their bail in cash
to be released.
 Release on bail is not guaranteed.
 Judges weigh several factors when determining bail:




Seriousness of the crime
Accused’s income
Prior criminal record
Flight risk – Risk to the community
 Bail Bondsmen – private businesspeople who loan
money to defendants who can’t afford bail.
 Licensed by the state.
 Charge a fee of usually
5-10% of the bail amount.
 If the defendant skips
town, the bondsman’s
money is forfeited.
 Hired by Bail Bondsmen to locate bail jumpers and
return them to court.
 Their authority varies by state.
 Most states do not allow them
to carry firearms.
 Do not need a warrant to
re-arrest suspects.
 Often, the accused may opt to enter a guilty plea and or
testimony in exchange for a lesser sentence or immunity.
 Saves attorneys the time it takes to prepare for a case.
 Saves the public the money to prosecute criminals.
Plea Bargaining is beneficial because:
1. if every case went to trial, we would need many
times more judges and courts.
2. it speeds up the justice system
and rehabilitation of the convicted.
3. it reduces the time pretrial
detainees spend in jail.
 Only about 9% of felony cases go to trial.
 Of these, only 4% are
jury trials.
 The rest are Bench Trials
presided over by a judge
without a jury.
 Defendants may chose a bench trial if they feel a judge
will be more capable of being objective than a jury.
The Wedding
Cake Model
Celebrity Cases
High Profile Felony Cases
1
2
Ordinary Felony Cases
3
Misdemeanors
4
 The jury is meant to represent the community’s values
and biases.
 Jury’s main duty is to determine
whether the accused is guilty on
the basis of only the evidence
presented.
 Usually a jury is made up of 12
citizens. (7 in VA for misdemeanors)
 Most states require a unanimous verdict for guilt.
1.
Jury Selection

Attorneys attempt to select jurors who will be
sympathetic to their side.

Select from names in the jury pool. (registered
voters, drivers licenses)

Challenged for Cause: removal of a prospective
juror due to some bias or inability to make fair
decisions. (unlimited)

Peremptory Challenges: excludes prospective
jurors without specific reasons. (usually 8-10
allowed)
2.
3.
Opening Statements

The prosecutor and defense attorney
may summarize their position.

Do not act as evidence or proof.
Presentation of Prosecution’s Evidence

Prosecutors must prove beyond a reasonable doubt, that the
defendant is guilty.

Evidence may be physical objects,
or testimony.

After a witness has given testimony,
he/she can be cross-examined by
counsel for the other side.

Opposing attorney’s may object if they feel the presentation has
violated the rules. (hearsay, leading, opinion…)
4.
5.
Presentation of the Defense’s Evidence

The defense is not required to prove innocence.

Try to contradict the state’s case.

Offer an alibi if one is available.

May offer an affirmative defense. (insanity, infancy, duress…)

Defendants may waive their right to take the stand by
exercising their 5th Amendment rights.
Closing Arguments

Attorneys review the
evidence of the case
for the jury.
6.
7.
Judge’s Instructions to the Jury

Discuss basic legal principles
such as proof beyond a
reasonable doubt.

Sometimes takes hours.
Jury Deliberation

They first elect a foreperson to run the meetings.

Discuss the facts that they have been presented.

If the jury cannot reach a verdict,
the trial ends with a hung jury and
the prosecutor must decide if they
will try the case over again from the
beginning with a new jury.
 An appeal is based on a claim that one or more errors of
law or procedure were made during the investigation,
arrest, or trial process.
 State trials are appealed through
that state’s courts.
 The U.S. Supreme Court gets
involved when there is a question
of Constitutional law.
 Less than 10% of all appeals result in acquittals.