Courtroom Players
What is the judge's role?
The judge is like an umpire. The judge ultimately runs the trial, rules on objections, and rules on legal motions that the parties bring. Typically the judge tries to narrow the issues as the case movies to trial. Basically the judge's role is simply to react to what the lawyers do. If the lawyer files a motion, then to rule on the motion. The judge is more of a reaction person. In a bench trial, if there is no jury, then the parties try the case to the judge and the judge will also make the decision.
What is the prosecutor's role?
What is the defense attorney's role?
Well, the defense attorney is supposed to protect the defendant's rights prior to trial. In a civil case, the defense attorney will file papers responding to the plaintiff's case, will investigate the case, talk to the defendant, talk to witnesses, gather evidence, get ready for trial, and negotiate with the plaintiff. In a criminal case, the defense attorney's role is even more strongly aligned with the defendant, to do everything they can to try to prevent the defendant from being found guilty; whether that's by going to trial or negotiating a plea bargain. Most criminal cases end with the defense agreeing to plead guilty to something. It's the defense attorney's role to try to get the charges reduced as much as possible. If the defendant has a substance problem, try to get treatment as part of the sentencing. Basically to do whatever you can to help the client overcome these criminal charges.
What is a 'plaintiff'?
What is a 'defendant'?
The defendant is the person who is sued, in a civil case. They are basically the person from whom they want damages, money often, or to take some action like tear down the wall you built the encroaches on my property. In a criminal case, the defendant is a person who is charged with a crime.
What is a 'bailiff'?
A bailiff is a representative of, usually the sheriff's department. A bailiff is in the courtroom to keep order, protect the parties, also usually has a number of other duties. If there's a jury, to take the jury in and out of the courtroom, they often will carry exhibits from the lawyers to a witness. But, basically their job is to represent law enforcement inside the courtroom.
What is a courtroom 'stenographer'?
What is the court clerk's role?
What is the jury's role?
How is a trial conducted?
Trials proceed according to an order that's evolved over centuries. The order is followed pretty strictly because that way everybody knows what to expect; if there's a jury trial, it starts with jury selection. Once the jurors are selected and sworn, then the plaintiff makes an opening statement which gives the jury a sense of what the plaintiff's evidence is going to be and why it's important. The defense may make an opening statement immediately or may reserve it, and may wait until it's time for the defense to prevent evidence. Then the plaintiff or prosecution calls their witnesses. The plaintiff's go first as they started the case. After each witness testifies, then the defense gets a chance to question them; that is called cross-examination. And then once the plaintiff or prosecution rests, that means we've presented the evidence that we want to present, then the defense has a chance to present its witnesses. And again, just like the defense had a chance to cross-examine the plaintiff's witnesses, the plaintiff or prosecutor gets a chance to cross-examine the defense witnesses. Then there's typically some arguments, a closing argument, where each side tries to persuade the judge or jury that their case is meritorious, asking for a verdict in favor of their client, and then the case is turned over to the judge or jury for decision.
