Federal Trial Process Group Project

Federal Trial Process Group Project

Federal Gang Roundup

This briefing is on the matter of a gang roundup that involves several agencies from the federal agencies, state troopers as well as local officers. Working together we were able to bring in a large number of gang members that will be taken thru the federal judicial process. This briefing will take you along with these defendants as they are taken from being arrested thru the trial portions. We will walk you through the process as if you were there with the defendants during this process.

U.S. Court Systems

The participants in a criminal trial can be classified into two categories, professionals and the outsiders. The professionals are the ones that work in and run the courtroom and earn a living serving the courts. The Judges, attorneys (prosecution, defense and public defenders), court reporter, and the Bailiff are the professionals. Their also known as the courtroom work group. The outsiders are the participants that are temporary in the courtroom setting, the defendant, witnesses, the jurors, and the victims.

The Judges holds the ultimate authority in the courtroom. The Judges primary duty is to make sure justice and the citizens are protected. The United States is protected in the criminal proceedings by the U.S. Attorney or prosecutor. It is the prosecuting attorneys job to present the evidence to a Grand Jury. The Grand Jury will help the judge decide if the evidence is sufficient enough to make the defendant stand trial.

After the gang members apprehended, booked and read their rights, a pretrial services or probation agent of the court directly meets the defendant and conducts an enquiry of the defendant's background. The data found by the pretrial services or probation officer will be utilized to help a judge decide if to release the defendant into the community before trial, and if to impose situation of issue.

At the first appearance, the judge educates the defendant concerning the charges that they are being charged with, making sure they understand their rights, recognizes if they need to be released or held in jail until the trial date, and verifies if there is reason to accept that an offense has been committed by the defendant. If they are unable to bear the cost of counsel they are entitled to a court appointed defender. At this time the defendant will enter his/her plea to the charges. The plea will be guilty, not guilty or nolo contendere. Many defendants will plead guilty to the charges after plea bargaining with the prosecution, rather than go to trial.

According to Schmalleger (2012), Plea bargaining is a process of negotiation that usually

involves the defendant, the prosecutor, and the defense counsel and is founded on the mutual interests of all involved. Defense attorneys and their clients will agree to a plea of guilty when they are unsure of their ability to win acquittal at trial. Prosecutors may be willing to bargain because the evidence they have against the defendant is weaker than they would like it to be. Plea bargaining offers prosecutors the additional advantage of a quick conviction without the need to commit the time and resources necessary for trial. Benefits to the accused include the possibility of reduced or combined charges, reduced defense costs, and a shorter sentence than might otherwise be anticipated. (Schmalleger, (2012) p.213).

The judge may impose a sentencing at that time, however will usually wait and schedule a sentencing hearing at a later date. If the defendant enters a plea of not guilty, the judge will set a trial date.

Once the trial date is set, the defendant along with his/her lawyer, the prosecution, the Jurors, and any witnesses will all be in the courtroom. The opening statements will begin, cross and direct examination of the witnesses, and introduction of evidence will all take place. The judge has the right to instruct the jury to disregard the evidence. After all of the evidence is seen, testimony is heard, and the closing statements are made, the judge will give the jury their instructions. These instructions are given to jury to ensure they understand what their job is. They are charged with determining if the defendant is guilty or not guilty. Once the verdict is reached, the judge will determine the punishment or the sentencing. Most times in a federal case the defendant will serve time in prison. Some can have additional fines or restitution that is included in the sentence.