A Day in Court
The American justice system has its own vocabulary, roles, and customs that contribute to the success of our legal system.
The Courtroom Community
Defendant: The person against whom a lawsuit is started, or who is charged with having committed a crime.
Defense Attorney: The attorney representing the accused (the defendant).
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The Sixth Amendment gives citizens accused of a crime the right to a defense attorney. That means if an accused person can't afford a defense attorney, the courts will provide one for free. The job of a defense attorney is to reach the best possible outcome for the client. Defense attorneys must match wits with the prosecuting attorney during trial. To prepare for trial, they hire and manage investigators, gather information from witnesses, and study similar cases.
Prosecuting Attorney or Prosecutor: A public officer whose duty is the prosecution of criminal proceedings on behalf of the people. The terms “district attorney” and “state's attorney” are used in other states, and are sometimes heard on television shows. They mean the same thing.
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In a criminal case, the prosecuting attorney's job is to reach the best possible outcome for the people of Michigan, including the victim of the crime. After the police arrest a person, the prosecuting attorney decides what crime the person may have committed. The prosecuting attorney files in court a paper that tells the person what the charge is, and how long the person might have to be in jail or prison if found guilty. Unless the person agrees that he or she is guilty, the case goes to trial. If that happens, the prosecuting attorney must show beyond a reasonable doubt that the person is guilty.
Witness: Someone who gives testimony at a trial or hearing.
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Both prosecutors and defense attorneys use witnesses to present their evidence. Anyone from an expert scientist to a bystander witness can testify. Among the most important witnesses in a criminal trial are the accused, the complainant, the persons who actually saw the events, and the officers who investigated the crime. Witnesses called to the stand swear under oath to tell the truth. If they refuse to answer a question, the courts can hold them in "contempt" and punish them. Witnesses can, however, refuse to talk about certain private conversations protected by "privilege," such as those between a doctor and patient. The courts place some witnesses, who may be in danger because they testify, in a witness protection program.
Judge: The judge's most important job is to decide on a sentence for the convicted person. This decision has an impact on individuals, communities, and the nation as a whole. The 1803 case of Marbury v Madison gave judges the power to interpret the Constitution. To prepare for trial, judges research similar court decisions and cases. They rule on issues that arise during jury selection and trial, including evidentiary questions that occur as the lawyers are examining the witnesses. At the conclusion of a criminal trial, the judge imposes the sentence. Michigan judges are elected for six- or eight-year terms.
Bailiff: A bailiff is an officer of the court in charge of the care of prisoners during the trial and responsible for guarding the jury and preserving order in the court.
Complainant: One who makes a complaint; usually the plaintiff in a civil case, or the victim in a criminal case.
Court Clerk: The court clerk is the official custodian of all permanent records pertaining to the court's jurisdiction.
Court Reporter A court official who records everything that is said in court, often using an electronic device. The reporter later prepares a written transcript if there is an appeal.
Jury: People who are sworn to consider the evidence presented and to deliver a verdict in a judicial proceeding.
Legal lingo (vocabulary)
