Legal Education Undergraduate nature of legal education in North America Canada has been following the trends marked by the United States in terms of legal education for the last 40 or 50 years. Unlike in Europe, Latin America, and other parts of the globe, legal education in North America requires some undergraduate education. There are no undergraduate law degrees in the United States or Canada.
This foundational concept in the academic discipline of criminal justicerecharacterizes the seemingly adversarial courtroom participants as collaborators in "doing justice.
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. The academic theory of the courtroom workgroup has four cornerstone concepts that recognize this fact: Speed, Pragmatic Cynicism, Collegiality, and Secrecy.
Efficient courtroom workgroups seek to process cases rather than dispense justice.
CHAPTER. 8. The Courtroom Work Group and the Criminal Trial. The Courtroom Work Group: Professional Courtroom Actors. Professional (the courtroom workgroup) Judge Prosecuting attorney Defense attorney Bailiff Court reporter Clerk of the court Expert witnesses. The courtroom work group is comprised of professional courtroom personnel, including the judge, the prosecuting attorney, the defense counsel, the bailiff, local court administrators, the court reporter, the clerk of courts, and expert witnesses. May 27, · Prosecutors: The prosecutors have the most power in the courtroom workgroup because it’s their decision to determine whether or not to charge the defendant or which charges are appropriate. A prosecutor decides whether to go forward with a case even if the victim doesn’t want to or they can drop or change the charges against.
This has been confirmed to greater and lesser extents in different courts. Defendants are assumed to be guilty. The procedural merits of the case are the true determinative factors of an outcome.
Prosecutors and defense attorneys engage in The courtroom workgroup comparison of charges against possible procedural flaws and possible defenses to arrive at the going rate for a crime. These factors are used to determine how much punishment the plea bargain will offer.
For example, group relationships and the desire to "maintain" a healthy working relationship are important to group members.
The workings of the courtroom group and the "going rate" for given crimes are not matters for public disclosure. Estimates can be given to clients, but usually couched in terms of the prosecution's willingness to negotiate. Summarized by O'Connor, T. Various techniques are used to convince the defendant that the evidence against him or her is overwhelming.
The defendant may be convinced to plead guilty to a few of the charges in return for not being prosecuted for the remaining charges. The courtroom workgroup is, in some sense, a response to a lack of resources for public defenders.
Defense attorneys in public defender offices often do not have sufficient time to prepare a case in detail for all of their clients. Further, they often do not have the budget to fully investigate the facts of a case through either staff or private investigators. They often must rely solely on police reports for such information.
In some jurisdictions, clients do not meet their attorneys until they are in court. Typically, public defenders will meet briefly with clients in holding facilities or jails. The defense attorney defends his or her client by seeking less punishment. Huemann indicates that many defense attorneys feel pressured to keep up with their caseloads.
This pressure can manifest in the courtroom through rebukes by the judge for delays.
Many subtle pressures combine to encourage participation in the courtroom workgroup. The concept of a courtroom workgroup is associated with plea bargaining. The courtroom workgroup shows remarkable explanatory power in overburdened courts dealing with large caseloads. The courtroom workgroup model is best suited to explain jurisdictions where defense attorneys are more or less permanently assigned, but even occasionally appointed lawyers can participate in these practices.
While many of the higher level prosecutions still follow the adversarial model, there is evidence that lower-level proceedings follow the courtroom workgroup model. Some collaborative efforts on the part of the courtroom workgroup simply must be present to facilitate this high percentage of pleas.
The prosecution of felony arrests. Bureau of Justice Statistics. An organizational analysis of criminal courts.
The experiences of prosecutors, judges, and defense attorneys. The University of Chicago Press: Felony defendants in large urban counties.
Courts in the United States Wikimedia Foundation. Campbells, West Virginia Look at other dictionaries:COURTROOM WORKGROUP Changes to the court room Conclusion What is a courtroom work group?? Role of the Prosecutor Group interact on a daily basis.
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.
The courtroom workgroup refers to witnesses and defendants in the courtroom. F The concept of assembly-line justice stresses the high volume of cases in courthouses and the emphasis on moving the docket.
T Judges, lawyers, clerks, court stenographers, law clerks. the courtroom workgroup: adaptation, flexibility, and mitigation, which will allow the courts, in the end, to operate unchanged (Fee- ley and Kamin ). Historical evidence supports the proposition that members of the courtroom workgroup will act to mediate or nullify legislative enactments that affect the operation of the courts.
Chapter 3. There are several groups that comprise the courtroom work group. These groups fulfill many functions, and all of their roles are interdependent. These groups have frequent and ongoing relationships in which they interact in a wide variety of manners and settings. 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.