Criminal Trial Essay - Johnell W

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Grand Canyon University *

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320

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Law

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Jan 9, 2024

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docx

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Uploaded by SuperMorningSquirrel26

Johnell White Jr JUS 325 4/16/2023 Professor Peiser Criminal Trial Essay Introduction The criminal justice system is a crucial component of any democratic society. It ensures that those who commit crimes are held accountable for their actions and that the innocent are protected from false accusations. A criminal trial is a complex process that involves many procedural steps, which are designed to ensure that justice is served. In this essay, we will describe the procedural steps in a criminal trial, including how one determines whether they have standing to appear in criminal court, pre-trial management procedures, trial procedures, and appellate procedures. Standing to Appear in Criminal Court Standing refers to the right of an individual or entity to appear in court and make arguments regarding a particular case. In criminal cases, standing is determined by whether an individual has been charged with a crime. A person who has been charged with a crime has standing to appear in criminal court. In some cases, individuals who are not directly involved in the case may also have standing, such as victims of the crime or witnesses.

Pre-Trial Management Procedures Before a criminal trial begins, there are several pre-trial management procedures that must be followed. These procedures are designed to ensure that the trial is fair and that the defendant's rights are protected. The following pre-trial management procedures are required in most criminal trials: Notice Notice is an important aspect of pre-trial management procedures because it ensures that the defendant is fully informed of the charges against them and the date of the trial. Without notice, the defendant would not have sufficient time to prepare a defense or gather evidence, which could compromise the fairness of the trial. Notice also helps to prevent surprise or ambush tactics during the trial, which can be detrimental to the defendant's case. By providing notice, the court ensures that the defendant is fully informed of the charges against them and has a fair opportunity to prepare a defense. Right to Counsel The right to counsel is a crucial component of the pre-trial management procedures as it guarantees that the defendant is given a fair opportunity to defend themselves in court. The right to counsel ensures that the defendant is not left to navigate the complexities of the legal system on their own and provides them with legal expertise to protect their rights and interests. This right is particularly important for those who cannot afford legal representation, as they may be at a significant disadvantage without an attorney's assistance. By providing counsel for those who

cannot afford it, the court helps to ensure that justice is administered fairly, and that the defendant is not disadvantaged due to their financial circumstances. Termination of Proceedings: The decision to terminate the proceedings is a crucial step in pre-trial management procedures as it determines whether the case will proceed to trial or not. If there is insufficient evidence, proceeding with the trial would be a waste of time and resources, while a violation of the defendant's rights could compromise the fairness of the trial. The termination of proceedings, therefore, helps to ensure that only cases with a reasonable chance of success proceed to trial and that the defendant's rights are always protected. This is essential for the administration of justice because it promotes the fair and efficient administration of the legal system and protects the rights of both the defendant and the state. Trial Procedures During a criminal trial, the court follows a series of procedural steps to ensure that justice is administered fairly and impartially. These procedures include the opening statements, direct examination, cross-examination, jury instructions, jury deliberations, rendering a verdict, and sentencing. Each step serves a specific purpose in the trial and helps to ensure that the evidence is presented in a clear and concise manner, the rights of both the defendant and the state are protected, and the verdict is reached through a fair and impartial process. By following these procedures, the court ensures that the trial is conducted in a manner that is consistent with the principles of justice and that the rights of all parties involved are protected.

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