Part III - Courts

Summary

Once charges are laid, those charged come before “the court.” This is not to be equated with a trial. Initially, a prosecutor will review the charges and determine whether to pursue the case or dismiss it. If the case is pursued, it is more likely – in the American context at least – that it will be plea-bargained rather than tried. If tried, it will go before either a judge or a jury for a determination of “guilt” and sometimes of “sentence.” Here we look at the roles of prosecutor, defense lawyer, judge, and jury in the disposition of charges, and some of the major ethical challenges that confront their distinctive roles. Although we look at each “player” separately, their roles, though distinctive, are deeply intertwined. There is a division of labor within a formally integrated process comprising myriad rules but also significant discretion.