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 rope 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 roadhouses 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. Although these three officers work together in coming to a conclusion, they have very different roles. A judge is a former attorney and is considered the ruler. A Judge is ultimately the adjudicator of the trial because he/she articulates the sentencing. The role of the prosecutor is having the best interest of the public and to protect the governing states. Prosecutors are very knowledgeable about what they can and can not negotiate with the defense team.
Their main goal is to prosecute the defendant through following each Juncture of the legal process. In addition, a prosecuting attorney can also propose a plea bargain to the defendant as well as receive a plea bargain offering. That being said, they work very closely with defense attorneys WOK 3 Individual By Smelliness explore every aspect of the case at hand. A prosecutor determines which cases to pursue by filing an information/complaint. Even though the police arrest the alleged offenders, it is the prosecutor who warrants whether or not the alleged offenders are rough to trial.
This process is based on the fact that there is probable cause. If the prosecutor feels there is no probable cause for the alleged offender to become a defendant in a trial, the prosecutor will not be able to make a case against the defendant. Another way a prosecutor determines which case to pursue is through prosecutorial discretion. Prosecutorial discretion is when the prosecutor can file charges of the alleged offender based on their past criminal history, or even file charges that override the original charges of the alleged offender from the police report.
That being said, a prosecutor’s profession can be political as well. Like many other professions, politics has quite an impact on whether to pursue a case or not. This is mainly because most prosecutors are elected officials. For example, if there is an arrest that the public is talking about, the prosecutor will most likely pursue that case. Since the prosecutor is supposed to help protect the people in the community, the prosecutor will not only do what is best for the community, but also for election votes.
So not only do prosecutors have to be strong willed in the courtroom, they also deed to be strong willed to the public. If the criteria for a prosecutor taking a case were more stringent, the inflexibility would make it harder for the prosecutor to choose which case to pursue. The prosecutor would most likely have less power and decisiveness when choosing the cases. If the criteria for a prosecutor taking a case were less stringent then they already are, the prosecutor would be given more power to choose the cases.
Some effects of the criminal Justice funnel and the backlog of cases on the court system and the courtroom work group are saving time and money, offenders are put on probation, and cases are dismissed for lack of evidence. The criminal Justice funnel system works Just like it says, a funnel. Based on this weeks readings, only 3% out of every 100 crimes are criminals incarcerated (Schmeltzer, 2010). An out of 1000 crimes, approximately only 200 are cleared by arrest, despite the fact that only 60 ever go to Jail (Schmeltzer, 2010).
On or about 130 crimes are only considered for prosecution, while only 70 crimes are accepted for prosecution and 50 are pleas or found guilty (Schmeltzer, 2010). Some example solutions I loud suggest to help eliminate the funnel and reduce the backlog of cases are to deal with all minor charges in a small claims court, have a court system for minor drug related issues, and hire more employees to take on the cases. Because there are so many cases that are backlogged, I feel dealing with minor charges in its own smaller version of a courthouse would be beneficial.