Preview

Courtroom Workgroup

Good Essays
Open Document
Open Document
1094 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Courtroom Workgroup
Courtroom Workgroup

CJA/204

Courtroom Workgroup

In The United States criminal justice system, a Courtroom Workgroup is an informal arrangement between a criminal prosecutor, criminal defense attorney, and the judicial officer. This foundational concept in the academic discipline of criminal justice, recharacterizes the seemingly adversarial courtroom participants as collaborators in "doing justice." The courtroom workgroup was proposed by Eisenstein and Jacob in 1977 to explain their observations of the ways courts, especially lower level courts, actually come to decisions. ("Courtroom Workgroup", n.d.)
How Does It Work The courtroom workgroup is a mechanism for prosecutorial discretion. Various techniques are used to convince the defendant that the evidence against him or her is overwhelming. “Charge stacking” is a process by which police and prosecutors create case with numerous charges or numerous instances of the same charge to convince the defendant that the risk of not pleading guilty is intolerable. The defendant may be convinced to plead guilty to a few of the charges in return for not being prosecuted for the remaining charges. Because the courtroom workgroup deviates from the public consensus of how justice works, it has developed a deviant set of virtues to continue its work and facilitate daily life for its participants. ("Courtroom Workgroup", n.d.) This group interacts daily to make sure that rules are being followed in each individual group but also to make sure it is given in a timely manner. The courtroom work group needs to communicate in order to offer plea bargains and choose jurors. The role of the prosecutor is to protect the government or community’s best interests. With that being said, the prosecutor must take cases based on the facts of each case and the evidence provided. If the prosecutor did not do this and took every case under less stringent requirements it could leave many cases going to trial with a



References: Courtroom Workgroup. (n.d.). Retrieved from http://en.wikipedia.org/wiki/Courtroom_Workgroup Prosecutor. (n.d.). Retrieved from http://en.wikipedia.org/wiki/Prosecutor Prosecutioins and defense. (n.d.). Retrieved from http://media.pearsoncmg.com/pcp/pcp_94869_mutchnick_cj_uop/learning_modules/chapter8/8.3prosecutionanddefense/index.html What is the criminal justice funnel? (1999). Retrieved from http://What Is the Criminal Justice Funnel? | eHow.com http://www.ehow.com/facts_6870601_criminal-justice-funnel_.html#ixzz2LIg85Nq4

You May Also Find These Documents Helpful

  • Powerful Essays

    This paper going to be coving the materials we went over in the You make the Call: Discretion in Criminal Justice Courtroom Workgroup simulation. You are the new assistance prosecutor for the DA Office. You are faced with problem solving and what action are taking to the choices you make in your new position as the assistance prosecutor. In this paper it will describe the problem you faced in the simulation. Also this paper will explain the approaches used for resolving the problem. Last it will discuss how critical or creative thinking skills were used or not used in the simulation.…

    • 620 Words
    • 3 Pages
    Powerful Essays
  • Powerful Essays

    One of the important roles a judge, a criminal prosecutor, and a criminal defense attorney will carry out is called, a “courtroom work group”. The courtroom work group interact on a daily basis by these three entities joining together to converse over matters such as if the case has probable cause to convict the offender or whether or not if there is enough evidence to go forward with a criminal trial. Normally, the prosecutor will try to persuade the defense that they do not have a case or try to talk the defense into a guilty plea or possible bail. In other words, anything they can do to speed up the process with various types of negotiations. The judge has to remain ethical and fair to see both sides of the prosecution and defense to determine if the negotiations are valid enough to go through with. Even though the judge, prosecutor, and defense attorney are the main officials of the courtroom work group, we cannot forget about other members that play a part as well. The minor (respectfully) members or other members that make up a courtroom work group are the court clerk, the bailiff, and the court reporter. The court clerk upholds all the records while the court reporter makes sure he/she transcribes the official proceedings. The bailiff helps to keep court order throughout a trial. Although I can understand how the main officers discuss the case and try to solve it without a trial, I feel that every case should be heard. The major problem with this though is time and money. In order for every offender to have a case without the prosecutor trying to convince the defense into something else, there would have to be a lot more courthouses with a lot more main officers. The only way this would ever happen is to hike up the taxes and no one wants their taxes to increase.…

    • 1708 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    In most courtrooms, there are groups of essential players that work together on a regular basis. They are composed of a combination of professionals. These professional are the ones which understand all phases of a criminal trial, and they all work together in fulfilling the functions of the court.…

    • 279 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    This process is where witnesses are called to give their statements. They are questioned and cross examined by all lawyers/attorneys. Cross examination is being questioned by each lawyer/attorney they may ask the same questions but in different words. The prosecutor is there to make the jury believe the criminal is guilty whereas the defense attorney is there to make the jury question if the criminal is really guilty. There are also three types of witnesses which are; ordinary witnesses, expert witnesses, and character witnesses. “Ordinary witnesses can testify only as to their personal observations. Expert witnesses, on the other hand, are allowed to offer their opinions in their area of expertise. Chartacter witnesses may testify only to the general good reputation of the defendant” (Zalman,…

    • 920 Words
    • 4 Pages
    Better Essays
  • Better Essays

    First, what is a courtroom work group? According to Schmalleger (2011) "Participants in a criminal trial can be divided into two categories: professionals and outsiders. The professionals are the official courtroom actors; they are well versed in criminal trial practice and set the stage for and conduct the business of the court. Judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court fall into this category". Schmallerger (2011) later describes the professional courtroom actors as the "courtroom work group". The courtroom work group includes, Judges, prosecuting attorneys, defense attorneys, public defenders, bailiffs, local court administrators, court clerks, court reporters and expert witnesses. All of these people work together with one common goal, to…

    • 1388 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Courtroom Matrix

    • 474 Words
    • 2 Pages

    | Is to see that both sides follow the laws, rules, and procedures that ensure a fair trial.…

    • 474 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    In The United States criminal justice system the informal arrangement between a criminal prosecutor, criminal defense attorney, and the judicial officeris called a courtroom work group. The courtroom workgroup was proposed by Eisenstein and Jacob in 1977 to explain their observations of the ways courts, especially lower level courts, actually come to decisions. This foundational concept in the academic discipline of criminal justice identifies the seemingly opposing courtroom participants as collaborators in "doing justice."…

    • 757 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Courtroom Workgroup Paper

    • 740 Words
    • 2 Pages

    A courtroom workgroup in the U.S criminal justice system is an informal arrangement between a criminal prosecutor, criminal defense attorney, and the judicial officer. The courtroom working group seeks to bring justice to all. It ensures that all parties are accorded due fairness and equal opportunity regardless of gender, race, age, religious affiliation nor any other factor. They also see to it that trials are completed successfully. These individuals are grouped into two categories. These are the professionals and the outsiders. Professionals are the court officers such as the judges, attorneys, public defenders, defense attorneys and court reporters. I believe that the criminal prosecutor, defense attorney, and a judicial officer make up the most common courtroom work group. The daily interaction of this group is to make sure that rules are being followed in each group. Also making sure it is given in a timely fashion. The courtroom work group needs to work in order to offer plea bargains and select jurors.…

    • 740 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Plea bargaining is an essential tool used in the criminal justice system today.The process of plea bargaining usually begins before trial, and can involve a phone call between the prosecutor and the defense (Phelps & Cengage, 2006). Once the plea bargain is negotiated it would have to be approved by a judge in open court (Phelps & Cengage, 2006)With the amount of court proceedings that take place plea bargaining is a tool that can allow less cases on a judge’s…

    • 81 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    So they then turn to plea bargaining as a way to deliver justice efficiently. (p. 61) The prosecutor 's office has the responsibility of trial preparation and also has to shoulder the costs that are associated with obtaining evidence and interviewing witnesses among other pretrial preparations. (p. 309) Therefore, the prosecutor will then select which case to take to trial and which to plead out. This is based on whether he thinks he has sufficient evidence to prove every element of the charge. Also, he might not have complete confidence in the witnesses ' testimony or there is a chance the victim might refuse to cooperate at the last minute. Prosecutors also use plea bargaining to reward a cooperating defendant. (Neubauer, 2002, p.…

    • 2149 Words
    • 9 Pages
    Powerful Essays
  • Best Essays

    12 Angry Men: Story 2

    • 4094 Words
    • 17 Pages

    The purpose of this paper is to analyze the group’s development and member roles as they evolve from a mostly “guilty” decision at the start of deliberations to a unanimously “not guilty” decision at the close of the movie. The dynamics of this jury’s verdict as the movie unfolds will be analyzed according to Tuckman’s theory, Bion’s theory of basic assumptions and Yalom’s and Leczec’s group norms, process and content. Three theories will be used because one model alone would not sufficiently explain the complex interactions and behaviors displayed by the jury members as they commence work in a group.…

    • 4094 Words
    • 17 Pages
    Best Essays
  • Better Essays

    Plea bargaining has become a common procedure in the criminal justice over the years, as it serve as a method of forming an agreement between the prosecutor and defendant in which the accused pleads guilty in exchange for a lesser sentence or reduced charge. Plea bargaining has become a prevalent method for several reasons. It benefits defendants in that it allows to avoid the time and expense of defending themselves during trial as well as the chance of harsher punishment. Plea bargaining also serves as a benefit for the prosecution as it saves both time and costs of a trial. As such, the court is saved by the burden of proceeding to trial on every criminal charge, resulting in reduced clogging of cases. Our criminal justice system is founded…

    • 1578 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Plea bargaining is extremely popular in our criminal justice system. In fact, 90 percent of all criminal cases are negotiated through plea bargains. The defendant, the victim, law enforcement officials, the prosecutor, and the state, all benefit in various and significant ways from plea bargains. In this paper I will discuss how plea bargaining ensures that the criminal justice system is not overrun by criminal cases. I will also explain what plea bargaining means and where it originated from. As a police officer, I think plea bargaining is a great tool for it to be used in the criminal justice system.…

    • 2152 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    There are many parts of the courtroom work group professionals who successfully pursuit justice and the process of convicting a criminal. The courtroom work group has a major role in convicting and finalizing a case. In the courtroom work group, there are three groups of people that hold the entire courtroom together. Without the work group, the courtroom would not flow, and coming to a conclusion to the case would not be as easy. The work group is made up of the Judge, the Defense Attorney, Public Defender, Court Recorders, and the Prosecutor Attorney. Which all are part of the courtroom work group which they work together to reach a decision, in the case by interacting among themselves and who’s involved an implicit recognition and rule of civility, cooperation, and sharing their goals. There are many roles in the work group, and if they are not all followed through with then the results could be different than what they should be. In this paper, we will look at the roles of the prosecutor, how the criminal justice funnel effects the courtroom work group and what will help eliminate the funnel and reduce the backlog of cases.…

    • 1422 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Wrongful Conviction

    • 1145 Words
    • 5 Pages

    They claim that there have been so many new advances in the judicial system in a variety of aspects, that there is virtually no chance that the innocent would be wrongly convicted. For example, in an article entitled “Policing and Wrongful Convictions” by Anthony W. Batts, Maddy deLone and Darrel W. Stephens, the authors assert that a newly developed strategy called heuristics is being implemented to prevent wrongful convictions within the judicial system. Specifically, this method helps jurors analyze information presented as evidence in order to ensure a fair verdict (Batts). However, even if there are newly developed processes to aid in making a just conviction, these strategies are not infallible. While they may increase the chances of correctly delivering an accurate verdict, there is still a chance that an innocent person would be wrongly…

    • 1145 Words
    • 5 Pages
    Good Essays