Criminal Justice And The Federal Criminal Process

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

Every day people are convicted of crimes or arrested for other reasons. Once they are convicted they are summoned to court, this begins the jury process. Citizens are randomly chosen to serve on jury duty. The citizens on the jury will use the jury system to determine if the person being accused is guilty or innocent. Trials can become very long or they can be short it just depends on the topic and how long it takes to decide on what the consequences will be. The jury system is the main trial and the main decision of whether or not someone is right or wrong.

For those who do make it to trial a crucial step to having a fair trial is to have an unbiased jury, before the trial begins the prosecutor, judge, and defense attorney interview members of the jury pool in a process called voir dire. During voir dire the attorneys are given an unlimited amount of challenges for cause, which helps eliminate people who show a bias for one side or the other, for example the defendant’s sibling would not be allowed to serve on the jury because they are too closely related and would have a

The preliminary hearing is then held which determines if the prosecution obtained enough evidence and has enough probable cause to hold a trial (Schmalleger, 2008). Discovery, which refers to the first time the defense is allowed to view the evidence against the accused occurs at this stage (Schmalleger, 2008). The next step is arraignment; this is the first time the defendant is seen by a judge with enough authority to hold a trial (Schmalleger, 2008). At arraignment, the indictment against the accused is read; the accused enters a plea of either guilty, not guilty or no contest (Schmalleger, 2008). The last step involving the court is adjudication, which plainly means a trial by jury (Schmalleger, 2008). The trial then proceeds until both sides have presented their case and the jury reaches a decision (Schmalleger, 2008). If the jury cannot reach a decision the judge can declare a mistrial and the case can be retried (Schmalleger, 2008). If the accused waives the right to a trial by jury, the court will hold a bench trial which is a trial conducted and decided upon by the judge (Schmalleger, 2008).

Being charged with a crime is a frightening and stressful process. If you find yourself in this situation, it is best to understand the process that you will go through so that you can be mentally and legally prepared.

Each team of attorneys have interviewed several witnesses before the day of the trial. After interviewing, the attorneys compiled a list of questions to ask the witnesses during their testimonies.

Once all the testimonies and evidence are presented, the case proceeds to a stage referred to as “rest”. The stage is then proceeded by closing arguments. Closing arguments are similar to the opening statement in that the opposite side of the law cannot interfere. Attorneys use the closing statement as a time to highlight points in the case that benefited their opening statement. Plaintiff’s also have the opportunity to open or close arguments based on their strategy. Once the closing argument is completed by each side, the jury is then “charged” by the judge to input their decisions based on the law. It is very important that the jury does not make decisions based on personal perspectives or bias feelings. The decisions of the jury are determined specifically from the information provided throughout the case. Throughout the deliberation, the jury is separated from the trial and placed into a holding room to make final decisions on the case. Every member of the jury must have to opportunity to participate in the judgment process. If the jury is unable to agree on a single

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based

Jury instructions are given by the judge to the jury. They are to inform them of the law to be applied in the case. It includes an explanation of the burden of proof, the specific cause of action and its individual must be unanimous or a majority. These are agreed to by the attorney and the judge during the pretrial activities is made in certain that no error is made in law in which the jury will be instructed. The role is to guide the flow of the trial

Specifically, in a criminal trial, it is the role of the jury to determine a “guilty” or a “not guilty” verdict which is set in place by the standard “beyond a reasonable doubt” meaning that even with the slightest indication of doubt, the defendant must be found not guilty. This standard places the burden of proof with the prosecution to ensure the judge or

The trial process begins with the selection of the jury. After the jury is selected the next stage is the opening statements. Since the prosecution has the burden of proof as to the defendant 's guilt, the prosecutor 's opening statement is given first. An

According to a report by Utah’s Commission on Criminal and Juvenile Justice (2014), the state’s prison population, while lower than most states, has increased more than 18 percent in the last 10 years and Utah annually spends $270 million dollars on corrections (summary, para 1-3). In response to this information, the Utah Legislature of 2015 passed House Bill 348, Criminal Justice Programs and Amendments in an effort to reform the criminal justice system in Utah. The bill initiated the state’s Criminal Justice Initiative and is based on recommendations designed to control the cost of corrections while keeping Utah communities safe. In their “Justice Reinvestment Report” the Commission on Criminal and Juvenile Justice (CCJJ) states, “For all the spending, taxpayers have not been getting a strong public safety return. Almost half (46%) of Utah’s inmates who are released from state prisons return within 3 years” (summary, para 1-3). Indicating that controlling corrections costs while keeping communities safe depends on maximizing offenders’ success at becoming contributing members of their communities.

All the jury must agree on a verdict, if this is not possible then the

The jury sit in a box to one side of the judge. One member is selected as a foreman, this means he or she speaks for the jury.