ROLES IN THE COURT 4
Rolesin the Court
Rolesin the Court
Everycourt system has a judge, a prosecutor and a defense attorney, allwho contribute to the attainment of justice in every case. In thecourt of law, the judge usually presides over the proceedings ofcases the court of law and ensures that justice is done. He overseesthe happenings in the court of law to ensure that there is order(Neubauer& Meinhold, 2012).This way he determines and controls the hearing and trials in thecourts as they unfold. He also evaluates the evidence presented bythe parties involved in the case to tell if they pertain as per thelaw of the country. It is also the role of the judge to give juryinstructions about the case on the laws that should be applied andthe standard basis to which it must be based on when the deciding thefate of the case (Bergman & Berman-Barrett, 2009).
Heis the key determiner of how the case will end. This is because it isthe role of the judge to determine the facts and decides who isguilty. The judge has the mandate to fine or jail the convictedcriminal defender and also ensure that justice is applied to the onewho was wronged either by being compensated or the other way as perthe need of the wronged one (Bergman & Berman-Barrett, 2009). Healso has the mandate as well as a role to decide whether the case isvalid or not. However, this decision depends on the nature of thecase. It’s also a role of the judge to postpone the hearing if theconditions of the courtroom get hostile for the normal courtproceedings to take place.
Theprosecutor is another key person in the court process. It is the roleof the prosecutor to ensure that the court does not make any error ininterpreting the evidence and case files (Baum,2012).This is important because such errors may lead to the case beingappealed. He also ensures that the court is aware of the range withinwhich the decision on sentencing should operate in. In times ofseeking assistance with the decision to be made on the case, he isthe one to refer the court to (Neubauer& Meinhold, 2012).He makes the references to either the legislature or any otherrelevant authority as far as the case is in concern.
Theprosecutor ensures that all available evidence is presented beforethe court for the purpose of sentencing whether it is in favor of theaccused or not (Neubauer& Meinhold, 2012).He also ensures that any evidence that may help to determine theappropriate decision as far as sentencing is a concerned is madeavailable to the court. It is the work of the prosecutor to ensurethat all the evidence presented concurs with the decision of thecourt thus ensuring that justice is attained thus just verdict isadministered (Cole & Smith. 2010).
Theother key player is the defense attorney. The defense attorney helpsto prevent the innocents from being punished by the law, either bybeing jailed or imprisoned innocently (Baum,2012).He also ensures that the constitutional rights of the defendant areconsidered. Moreover, the defense attorney makes sure that all dueprocesses are followed to the latter before one is either proclaimedguilty or not (Cole & Smith. 2010).
Whilethe three players in the court perform different roles, they interactin the court process. There is a constant consultation as far as theensuring justice is being administered by the court. The judge, whenpassing the wrong verdict is a work of the prosecutor to intervenefor further clarification and consultation concerning the issue(Baum,2012).A mistake done in the process of the court process may cause eitherthe defense attorney or the prosecutor to intervene to ensure thatthe law is followed to the latter.
Baum,L. (2012). AmericanCourts: Process and Policy. NewYork: Cengage Learning
Bergman,P., & Berman-Barrett, S. (2009). Thecriminal law handbook.Pleasanton, CA: NOLO Publishing
Cole,G., & Smith, C. (2010). TheAmerican system of criminal justice. Belmont,CA: Wadsworth Cengage Learning
Neubauer,D., & Meinhold, S. (2012). JudicialProcess: Law, Courts, and Politics in the United States.New York: Cengage Learning