Jury Trial Analysis Essay

958 Words Nov 11th, 2012 4 Pages
Jury Trial Analysis
Fenisa Robinson
CJA-364
October 1, 2012
John Huskey Jury Trial Analysis
In the United States of America, the criminal justice system is based on the adversarial system or common law system. An adversarial trial allows the accused or defendant to be given a fair chance to prove his or her innocence. The Sixth Amendment of the United States Constitution states that the defendant is to be given a fair chance to oppose the prosecution, have witnesses to help with his or her defense, face and question the complainant, and for his or her case to be heard by a group of people who are unbiased and impartial. This group is known as the trial jury.
Jury Selection. To start the process of jury selection, a group of
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Following the testimony of a witness for the prosecution, the defense attorney has a chance to cross-examine him or her. The defense attorney will ask the witnesses for the prosecution several questions to establish doubt in the case. If the defense attorney is successful in establishing doubt of the defendant’s guilt, the attorney can asked for the trial to be dismissed. In the event the judge denies the request to dismiss and the defense believes that his line of question has in fact, established reasonable doubt, he or she can rest the case. At this point, the defense does not have to call any witnesses.
Defense and Prosecution Rebuttal. Just as the prosecution has a chance to establish his or her case by way of calling eye witnesses or expert witnesses, the defenses is granted the same opportunity if he or she decides not to rest the case. The defense attorney can call any witnesses he or she may have to support the defendant’s case as well as allowing the defendant to testify on his or her behalf. In addition to the eye witnesses and expert witnesses, the defense may opt to call on a character witness. A character witness is a person who has known the defendant for quite some time and can attest to the defendant’s upright moral temperament and judgment. Immediately after the defense has called his last witness, the prosecution has the opportunity to cross examine any of the defense’s witnesses. Subsequently, the prosecution can attempt to provide evidence that

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