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Stages of a Criminal Trial

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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 …show more content…

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

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