A trial by jury or jury trial is a legal proceeding where a jury either makes a finding of a fact or a decision, which then direct the actions of the judge. It is different from a bench trial where a panel of judges makes all decisions. It consists of five steps: the selection of the jury, the trial, the charge of the magistrate, deliberation and then the verdict.
The choice of the jury is the first and crucial step. The jurors selected must be fair and not biased. In selecting a fair jury, first is to have a venire or a fair jury pool.It is a potential juror assembled for jury duty. They chose a jury for a criminal trial from the venire. A voir dire process takes place to select the jurors. It is a questioning process for the citizens before the selection to hear evidence as jurors. The jurors are then challenged for the cause and peremptory. A challenge is a request by an attorney to disqualify potential-biased jurors. A challenge for cause is an application to dismiss a potential juror based on a concrete and stated reason, which usually revolves around the actual or possible bias of the person.
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The attorneys give their opening statements. The openings statements are the outlines of the imminent proof to be presented to the jury on trial. They are not evidence, but a prototype of what their testimony would lean on. The accused has a right to impartial judge. Offenders are entitled to a speedy trial though there is not the exact time limit. If the judge feels the trial has been delayed, he or she can throw it out. The span and motive for the deferral are analyzed, and a decision is made.
At this stage, witnesses are summoned for direct and cross-examination. Prosecution’s case is presented first. One side calls their witness for direct examination then the other hand cross-examines them. After the hearing and presentation of facts, the attorneys make their closing
The jury system has been used in the criminal trial since the Constitution stated “the trial on indictment of any offence against any law of the Commonwealth shall be by jury.”
A jury is a person who is un-qualified and not paid who is selected at random to participate in the court hearing. To be
The sixth amendment to the U.S constitution guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. Once it has determined that the trial will be by jury, the next step in the criminal proceeding is the selection of the jurors. During this process possible jurors receive a summons in the mall ordering them to appear in court at a specified time and date the people who are summoned comprise the venire (the prospective jurors for cases). Voir dire Latin term meaning to speak the truth, this is an examination conducted by the courts or by the attorneys of a potential juror or witness to determine if they would be proficient or qualified for services. Jurors’ questionnaires reveals information disqualifying them from jury service is only the first step in the jury selection process. Typical questions relate to whether prospective jurors know the defendant, the attorneys, or any of the witnesses, whether they have read or heard about the case in the media, and whether they have racial, nationality, or gender biases. Effective voir dire is getting the prospective jurors to tell the court or attorneys what they need to know( Ferdico, J 2005).
Juries are a crucial and irreplaceable part of the American justice system. The jury system has been around for hundreds of years. Our founding fathers viewed jury service as a critical part of democracy and self government. Twelve ordinary citizens make up the jury and will form a decision about the case. The jury system is still needed in the twenty-first century because it ensures the accused gets a fair trial and it promotes civic participation.
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.
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.
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
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)
The steps involved in the selection of the jury involve; Computer generated random selection, determination of liability, summons, selection of a panel from jury pool and finally the selection of jury from the panel.
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their
The Selection and Role of a Jury in a Criminal Trial This assignment focuses on how a jury is selected and its role in 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).
Trial by Jury and Alternatives to It In order to decide whether or not trial by jury should or should not
In considering the effectiveness of the jury system, it is first necessary to understand the roles of juries. Primarily, a jury is a body of legally unqualified citizens who agree on a verdict based on evidence
The Jury Selection Procedure in the English Legal System The theory behind modern day trial by jury can be traced back some