The Process In A Criminal Trial

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

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.

In America we have an Adversary System of Justice, which means that criminal trials proceed under the adversary theory of justice to arrive at the truth in a given case. One characteristic of this system is intensive cross-examination of both defense and prosecution witnesses. In a jury trial, it is for the jury, which observes these witnesses, to weigh the evidence and make the ultimate decision in every case—guilty or not guilty. However, not every case makes it to trial in fact, about 80% of defendants plead guilty allowing them to just be sentenced and not have to go through the whole process of a trial. Other cases are dropped, or dismissed if the prosecutor, or in some cases a grand jury, feels that there is insufficient evidence to carry on. Some defendants are sent to diversion programs, these individuals are often sent here because an official involved in the case believes that there is a better way to deal with a defendant than to prosecute them.

This type of prosecution deals with the Due Process Clause. This principle came about during the Supreme Court case Blackledge v Perry (1974). The case dealt with Perry being charged with a misdemeanor the beginning of his trial, but he beat the charges. The prosecutor then decided to charge him with a felony, in which, he plead guilty. The result of the case stated that “the Due Process Clause imposes as a limited prohibition on prosecutorial use of charging prerogative to the extent that prerogative is used to penalize the exercise of legal rights” (Whitebread & Slobogin, 2008,p605). Although this was one Supreme Court decision, the court decided that they needed another decision in order to ensure that prosecutors were not being vindictive. The case North Carolina v Pearce (1969) decision stated that “vindictiveness against a defendant for having successful attacked his first conviction must play no part in the sentence he receives after a new trial” (Whitebread & Slobogin, 2008,

Most convictions are a result of plea bargaining. The 6th amendment to the Constitution guarantees our “right to a speedy trial’. A trial is also a huge risk of being given a much longer sentence if you are found guilty. This has led to many innocent people pleading guilty to

Chapter 15 is titled "Criminal Trials, Appeals, and Postconviction Remedies." A criminal case goes to trial after the pretrial process and if the defendant has not pled guilty to the charges. The statute of limitations establishes the time period in which prosecution must begin after the crime has been committed. Certain felonies like murder generally have no statute of limitations, meaning that defendants can be charged with the crime no matter how much time has passed after its commission.

Then is arraignment and the plea which once an indictment has been returned or information has been filed, the accused will be formally arraigned. The purpose is to once again inform the defendant of the specific charges against him or her and to allow the defendant to enter a plea. The defendant has the chance enter a plea of guilty, not guilty, or nolo contendere. Then there is

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)

During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person.

Our criminal justice process is broken down into nine distinct phases. Some of the terms differ from state to state but they all follow the same basic process. The process is: Arrest, Filing of the charging document, Arraignment/First Appearance, Preliminary Hearing, Arraignment in the Superior Court/ Indictment, Pre-trial Conference, Trial or Adjudication, Sentencing, Appeals & Writs. These processes have been developed and tested throughout our nations history to ensure every citizen has their Constitutional right to due process protected while still ensuring society is protected through the enforcement of its laws. There is no perfect system as people are inherently imperfect. Some of those systems with room for improvement will be

After the arrest, arraignment will follow. This is the presentation of charges in an open court. During this stage, you need a lawyer to represent you in court. You have the choice to enter a not guilty or guilty plea. You need to discuss your situation with your attorney, to determine the best course of action to take. This is also the stage when your Utah Criminal Defense Lawyer talks to the prosecutors to negotiate for a plea bargain. Usually, accepting a plea bargain will require you to plead guilty to a lesser crime in exchange for a lighter sentence.

When criminal offenders get arrested, they are than booked into custody until the trial proceedings are over with. Unlike the criminal cases that are displayed on national television, an offender must undergo steps at a time for a criminal trial. The televised version of a criminal trial will have one thinking that it works that fast and it don’t. Each process that the defendant would go through takes months or even years. The nature of the crime as well as whom the person is and their past convictions. It takes time and lots of money to take cases to trial, the need to have a prosecutor, defense attorney, possible juror’s, and a judge. This overview, will define what a criminal trial is, the specific parties that are involved with the criminal process, and will explain the process in detail.

The criminal justice system is composed of three major institutions which process a case from inception, through trial, to punishment. In the United States, the criminal justice system will always begin with the reporting or the direct observation of the crime. A case requires law enforcement officials to investigate the crime or someone that has seen the crime or the damage after the fact. If the investigation produces enough evidence to build the case and substantiate probable cause for an arrest, then this will lead to an arrest. The suspect will be booked into a correction facility. After booking, the prosecution may choose to continue with the charge or file it in the court for further processing. At this stage, the court will be presented

Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association).

(Harcourt, 2016) The major steps in processing a criminal case begin with police investigation of a crime. (Harcourt, 2016) The purpose of the first step is to gather evidence to identify a suspect and/or support an arrest. (Harcourt, 2016) The next step is arrest of a suspect, which includes taking a person into custody for the purpose of detainment until court. (Harcourt, 2016) Prosecution is the third step and it involves a district attorney charging a criminal defendant. (Harcourt, 2016) Indictment by a grand jury is the next step, but it is mandatory for a capital offense. (Harcourt, 2016) Arraignment is the next step, which involves a defendant entering into a plea of usually guilty or not guilty. (Harcourt, 2016) Pretrial detention is the next step, which sets bail or the amount of money by a defendant ensuring he or she will show up for trial. (Harcourt, 2016) The next step is trial or adjudication of guilt. In this step, a trial is held before a judge or jury. (Harcourt, 2016) Sentencing by a judge is the next step if he or she is found guilty. Possible sentences include a fine, probation, incarceration in jail or prison and/or community service. (Harcourt, 2016) Appeal is the next step and probably the most important after the trial. This is the step when