Stages of A Criminal Trail Nancy Jane Strayer University
One stages of a criminal trial is the presentation of evidence, first the state is given the opportunity to present evidence intended to improve the defendant’s guilt. After prosecutors have rested their case, the defense is afforded the opportunity to provide evidence favorable to the defendant. Types of Evidence Evidence can be either direct or circumstantial. Direct evidence believed, proves a fact without requiring the judge or jury to draw inferences. For example, direct evidence may consist of the information contained in a photograph or a videotape. It might also consist of testimonial evidence provided by a
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The Testimony OF Witness Witness testimony is generally the chief means by which evidence is introduced a trial. Witnesses may include victims, police officers, the defendant, specialists in recognized fields, and others with useful information to provide. Some of these witnesses may have been present during the commission of the offense, while most will have had only a later opportunity to investigate the situation or to analyze evidence. Before a witness is allowed to testify to any fact, the questioning attorney must establish the person’s competence. Competence to testify requires that witnesses have personal knowledge of the information they will discuss and that they understand their duty to tell the truth. One of the defense attorney’s most critical decisions is whether to put the defendant on the stand. Defendants have a Fifth Amendment right to remain silent and to refuse to testify. In the precedent-setting case of Griffin v. California (1965), the U.S. Supreme Court declared that if a defendant refuses to testify, prosecutors and judges are enjoined from even commenting on this fact, although the judge should instruct the jury that such a failure cannot be held to indicate guilt. In the 2001 case of Ohio v. Reiner, the U.S. Supreme Court extended Fifth Amendment protections to witnesses who deny any and all quilt in association with a crime for which another person is being prosecuted. Direct
During a trial evidence is used against or to protect a defendant or accuser. This is called forensic evidence. In “Forensic, Evidence, Clues, and Investigations” by Andrea Campbell,
The United States Constitution has Fifth Amendment also called as Amendment V which is part of Bill of Rights. It protects people from being forcibly witness against themselves in criminal cases. "Pleading the Fifth" is an everyday term for summoning the correct that enables observers to decrease to answer questions where the appropriate responses may implicate them, and by and large without suffering a punishment for stating the right. This evidentiary benefit guarantees that respondents can't be constrained to wind up witnesses at their own particular trials. Assuming, in any case, they affirm, they are not qualified for the privilege amid round of questioning, where questions are significant to their declaration on coordinate
Forensic science evidence admissibility is when the forensic evidence can be used in the courtroom against a person. Any forensic science evidence that is admissible will be used in courtroom against that defendant. All types of evidence are shown to a judge or a jury to me a case against a suspect. Evidence that can be considered admissible, is any document, testimony, or tangible evidence used in a court of law. There are four types of evidence. The four types of evidence are demonstrative, documentary, real, and testimonial evidence. An example of demonstrative evidence is
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.
courts. A trial court has witnesses, exhibits are used as evidence, and a jury comes up with the
During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc…
This is crucially important because it gives guidelines as to what evidence can be used in trial, and it keeps irrelevant facts from being introduced, which can confuse a jury change the outcome of a trial (Universal Class). There are so many distinct types of evidence that are allowed in court, but the most common are the following: demonstrative evidence, exculpatory evidence, physical evidence, and testimony. Demonstrative evidence has any representation of an object and is a form of common proof. Exculpatory evidence is a broader term meaning any evidence that gives favor to the defendant (Universal Class). One of the most scientific involved forms of evidence is pure physical evidence, which is any real evidence or material evidence that plays a role in the trial.
The defendants right against self-incrimination, is the essential mainstay of the United States adversary system and guarantees to the individual the "right to remain silent unless he chooses to speak in the unfettered exercise of his own will," during a period of custodial interrogation as well as in the courts or during the course of other official investigations (Miranda v. Arizona 1966).
Examples of evidence: physical or chemical evidence left at the scene of a crime by a victim or suspect; recovered (stolen) property; or property currently under observation which is suspected to have been used in, or be the result of, the commission of a crime.
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)
Evidence plays a vital role throughout criminal investigations. Typically, we think of evidence as things such as fingerprints, DNA, and fibers. However, evidence as evolved as the world of technology has expanded. Digital evidence also now plays just as much of an important role as traditional evidence. When beginning an investigation that involves digital evidence, it is important for the investigator to know what evidence to look for. Identification of evidence, collection including transportation of evidence and examination of evidence are the three main aspects of the process.
As Mr. Crook's lawyer, explain the advice you will give him both pre-arrest and post-arrest.
The Fifth Amendment as it pertains to confessions, states that “no person shall be compelled in any criminal case to be a witness against themselves. The Fifth Amendment was created to protect individuals against self-incrimination, and any confession obtained when it is in violation of the Amendment will be inadmissible in court. The case Miranda v. Arizona involves Ernesto Miranda who was arrested based on evidence linking him to a kidnapping and rape. Miranda signed a confession to the rape, but he was never told his right to counsel, his right to remain silent, and that his statements would be used against him during the interrogation before being presented the confession form. His lawyer argued that the
(Note: Although a trial is the most high-profile phase of the criminal justice process, the vast majority of criminal
Evidence plays a major role usually in trail of a case. Several types of evidence can be used. Evidence can be divided into two categories – Testimonial evidence and Physical evidence. Physical evidence is one type of such evidence; this evidence can be brought to court room for observation during trails. This is the most important evidence. Physical evidence is also known as real evidence, they consist tangible article from tiny microscopic to macroscopic evidence from large building to molecules in air. It can be in solid, gas or liquid form. Advances in forensic science have increased the use of physical evidence