Courts[edit]

Main article:  Court

A trial at the Old Bailey in London, c. 1808

The courts serve as the venue where disputes are then settled and justice is administered. With regard to
criminal justice, there are a number of critical people in any court setting. These critical people are
referred to as the courtroom work group and include both professional and non professional individuals.
These include the judge, prosecutor, and the defense attorney. The judge, or magistrate, is a person,
elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the
legal proceedings and offer a final decision to dispose of a case.
In the U.S. and in a growing number of nations, guilt or innocence (although in the U.S. a jury can never
find a defendant "innocent" but rather "not guilty") is decided through the adversarial system. In this
system, two parties will both offer their version of events and argue their case before the court
(sometimes before a judge or panel of judges, sometimes before a jury). The case should be decided in
favor of the party who offers the most sound and compelling arguments based on the law as applied to
the facts of the case.
The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or
corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail
what evidence has been found which incriminates the accused. The prosecutor should not be confused
with a plaintiff or plaintiff's counsel. Although both serve the function of bringing a complaint before the
court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal
proceedings, while the plaintiff is the complaining party in civil proceedings.
A defense attorney counsels the accused on the legal process, likely outcomes for the accused and
suggests strategies. The accused, not the lawyer, has the right to make final decisions regarding a
number of fundamental points, including whether to testify, and to accept a plea offer or demand a jury
trial in appropriate cases. It is the defense attorney's duty to represent the interests of the client, raise
procedural and evidentiary issues, and hold the prosecution to its burden of proving guilt beyond a
reasonable doubt. Defense counsel may challenge evidence presented by the prosecution or present
exculpatory evidence and argue on behalf of their client. At trial, the defense attorney may attempt to offer
a rebuttal to the prosecutor's accusations.
In the U.S., an accused person is entitled to a government-paid defense attorney if he or she is in
jeopardy of losing his or her life and/or liberty. Those who cannot afford a private attorney may be
provided one by the state. Historically, however, the right to a defense attorney has not always been
universal. For example, in Tudor England criminals accused of treason were not permitted to offer
arguments in their defense. In many jurisdictions, there is no right to an appointed attorney, if the accused
is not in jeopardy of losing his or her liberty.
The fi