This section describes the roles of various participants in the courtroom.
Judge
In the courtroom, the judge occupies the bench, which is conventionally an elevated platform and presides over the proceedings. This is usually the primary function of the judge, and he has to ensure that there is order throughout a session ( Neubauer and Fradella, 2015 ). Second, the judge needs to establish whether the evidence presented by both the defense and prosecution is proper or legal. In instances where there is a jury in the proceedings, it is the duty of the judge to read instructions concerning the law that is appropriate to the case and the standards required in deciding the case before any deliberations regarding the facts of the case. Finally, it is the judge who sentences defendants who have been found guilty.
Prosecutor
The prosecutor is a public authority who ensures the application of the law on behalf of and in the interest of the public in instances where the breach of the law implies a criminal sanction ( Neubauer and Fradella, 2015 ). The actions of the prosecutor take into account the rights of the perceived victim and the effectiveness of the criminal justice system. In any setting, the prosecutor decides whether to begin or proceed with prosecutions, conducts prosecutions in the courtroom, and may appeal all or some court decisions. In special contexts, the prosecutor may carry out or supervise investigations. Also, the prosecutor may be required to execute national crime policy while adapting it to local cases where suitable. Finally, the prosecutor may decide on alternatives to prosecution such as out-of-court settlements.
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Defense Counsel
The primary role of the defense counsel as an officer of the court is to serve as the advocate and counselor for the accused ( Neubauer and Fradella, 2015 ). Given that there is a possibility of conviction, the defense counsel is required to demonstrate courage and dedication as well as offer an effective and quality representation in order to avoid such a scenario.
The defense attorney seeks to reform and champions for improvements in the administration of criminal justice ( Neubauer and Fradella, 2015 ). In cases where procedural or substantive law come into dispute because of alleged injustices or ineffectiveness, the defense counsel initiates steps for corrective action.
Courtroom Clerk Personnel
The courtroom clerk personnel is usually seated near the judge during court proceedings. The primary roles of this personnel are to administer oaths to interpreters and witnesses and preserving records and exhibits ( Neubauer and Fradella, 2015 ). The courtroom clerk personnel also keep minutes of court proceedings, prepare verdict and judgment forms, and assist the judge in keeping the proceedings running smoothly.
Independence and Interdependence of the Judge, Prosecutor and Defence counsel
The judiciary, like the other branches of government, is considered to be independent according to the theory of the separation of powers. Thus, the judiciary, through a system of balances with the other branches, can prevent the abuse of power in the society ( Kagan, 2009 ). This independence is also given to individual judges, allowing them to conduct their duties in the courtroom without the influence of other parties. It should be noted, however, that this independence should not be used by the judge for personal benefit. For instance, it would be unethical for a judge to give a ruling in a case based on their personal preference. Their duty remains to be the administration of criminal justice. Any action by a judge that is contrary to the law is likely to lead to prosecution.
Criminal justice that is both ethical and in line with the law also requires independent and impartial prosecutors. The prosecutor is accorded the independence to investigate and prosecute alleged criminal activities on behalf of the public without influence from other parties in the judicial system ( Kagan, 2009 ). These investigations must be carried out within the frame of the law; otherwise, the prosecutor runs the risk of acting unethically or illegally. One of the most critical ethical issues facing prosecutors today is their responsibility to disclose information through discovery ( Freedman and Smith, 2010 ). It would be illegal and unethical for a prosecutor to guard evidence from the defense, only to present it in court first as a tactic.
The defense counsel is also given the independence to defend their client without fear of retaliation from other parties or the public. It is only independent defense attorneys who can effectively promote and defend the human rights of the accused, given that one is innocent until proven guilty ( Kagan, 2009 ). One of the most critical ethical issues facing a defense attorney today is how to act if they are convinced that their client is guilty ( Freedman and Smith, 2010 ). However, the defense counsel has a duty, first to the client, then to the court. Therefore, it would not be illegal to continue in defending the client. In fact, it is unethical to compromise the client’s case in such circumstances.
The Courtroom Workgroup
In the United States, the courtroom is considered to be adversarial. Meaning, there are opposing parties, and in the end, the judge or the jury decides which party wins. While the prosecution and the defense may be on opposite sides of a case, the aim of the proceedings is the administration of criminal justice. There arises the need for some degree of collaboration among the parties in the court, hence the courtroom workgroup ( Kagan, 2009; Haynes et al., 2010 ). The main members of this workgroup include the judge, prosecutor, and defense counsel. The auxiliary members may include the courtroom clerk personnel, bailiff, police officers, and jurors. While these relationships are intended to bring about the accomplishment of shared goals, they have the potential of bringing about injustice. This is the case, especially where one party becomes negligent, either intentionally or unknowingly, in order to make these relationships stronger. For instance, the prosecutor may not be resilient enough in handling a certain case with the aim of strengthening collaborations with the defense counsel.
References
Freedman, M. H., & Smith, A. (2010). Understanding Lawyers' Ethics . LexisNexis.
Haynes, S. H., Ruback, B., & Cusick, G. R. (2010). Courtroom workgroups and sentencing: The effects of similarity, proximity, and stability. Crime & Delinquency , 56 (1), 126-161.
Kagan, R. A. (2009). Adversarial legalism: The American way of law . Harvard University Press.
Neubauer, D. W., & Fradella, H. F. (2015). America's courts and the criminal justice system . Cengage Learning.
