The Criminal Trial: Trail Process: From Jury Selection to Sentencing Introduction 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) I. Jury Selection The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and
Fundamental to the American adjudicatory process is a jury trial. A jury has been described as a convention of a sworn body of people with the aim
Education: High school diploma (Northrop High School) Associates Degree in Criminal Justice (Ivy Tech Community College)
One of the most intricate processes in the criminal justice system is the jury selection process. During this process members of a trial are asked various questions by the prosecution and defense attorneys handling the case at hand. Along with these questions the jury uses three main challenges, also known as voir dire, to insure the selection is not leaning in favor of a certain community or racially biased; challenges to the array, challenges for the cause, and peremptory challenges (Rennison & Dodge 2017) all of which I will discuss in the proceeding paragraphs.
A jury is selected from voter registration list. Studies show data that the poor, the poor educated, younger age group, and people of color does not exercise their right to vote. To eliminate the shortage for the voter pool, the use of driver licensed, a list of utility user. In forming this list it is required to included people of color, ethnicity, and gender, but women and people of color must be included in all juries. The prosecutor gives his evidence to show that his defendant is guilty. However, the defense presents its evidence that the client is innocence. Next, the witness is called forward for cross-examination and re-examination for clarity. Finally, the judge informs the jury of their legal duties. Once, a verdict has been reached,
Following the arraignment the trial is the next phase. Spending on the crime committed the trial will either occur in front of a judge who will make the ruling on the case or in front of a jury. The next step will be where the prosecutor presents their case. This will be done by calling witnesses and presenting evidence to the court. The defense presents their case next and after this is concluded the trial is concluded.
According to the Sixth Amendment, everyone has the right to a fair jury, and in order to ensure this right, careful jury selection methods are used. Attorneys and judges use a process called "voir dire" to select a jury. In this process, the potential jurors are asked a cartain set of questions to decide who would make a suitable jury. Someone's religious views, education, opinions, knowledge on the case, experience with the law, and many other components are taken into consideration when choosing a jury.There are three types of challenges that can be raised to narrow down potential jurors: challenges to the array, challenges for cause, and peremptory
A jury trial (or trial by jury) is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge.
The stages of a criminal trial lead a proper renewed fair way to process a person who has committed a crime within our judicial system. The eight stages of a criminal trial consist of trial initiation, jury selection, opening statements, and presentation of evidence, closing arguments, judge’s charge to the jury, jury deliberations and the verdict. In my viewpoint the most impactful stages are the trial initiation, jury selection, evidence and verdict. These stages allow a time frame for everyone take action, which ultimately leads to proof of what a person may or may not have done. The principal of a criminal trial is the verdict, which states a person to be innocent or guilty, the whole point of a criminal trial.
It can be a lengthy process because the attorneys are allowed to investigate the background of the jurors, interview acquaintances, or hire social scientists to predict the jurors’ verdict. The first step of the voir dire process is the questioning of the potential juror by the judge. These questions test the jurors’ knowledge of the case, attitude toward the people involved in the case, and etc. The Supreme Court acknowledged this type of questioning, because judges need to be concerned of the jurors’ prior knowledge and opinions formed about the case
There are many distinct parts to the process in a criminal trial. Some parts of these trials happen within every single trial while others can be hit or miss and do not happen all of the time. Regardless, the defendant in each trial either gets off on some or all charges or is convicted on one or more charges. Regardless, there is an orderly process behind what might or might not happen.
There are many aspects of the pre-trial process for a criminal case. First step of the process begins with the persons arrest. A suspect is then booked into the system and may be able to post bail. Then comes the arraignment and they maybe a possible plea bargain and then a preliminary hearing if no plea bargain is reached.
In module III has taught me the roll of the how the courts work, as well as the organization and operation of all federal state and local levels of government. The court procedures are fairly standard throughout the United States. Opening statement shows the prosecutor’s concept and the evidence that will be presented. Followed by examination were prosecution call witness and conducts direct questions. The defense attorneys may also ask questions were the witness can only confirm or deny. Objections can be made at any time of the trial. At the end each attorney review all evidence to decide points of guilt or innocence. Appeal exanimates the facts of the case to ensure that there were to errors made, and determinates that the defendant was treated fairly in the original trial. I also learned that there are four major positions involved in the trial process. Prosecution, defense, judge, and jury. And that not all states use the grand jury; some states use grand juries for all felony filings but other states use grand juries for only certain types of cases for example, the prosecutor charges the defendant by filling information and complaint. New information I gather was that the U.S. Constitution guarantees every defendant the right to due process and a fair trial. Something interesting about the court was that over 90% of all criminal cases end up in plea negotiations. The court procedure is followed by opening statements, direct examination, the patrol officer who was first
The seventh stage of a criminal trial is the judge’s instructing, or charging, the jury (Bohm & Haley 2012). This is where the judge gives the jury instruction on how to deliberate on the case in a fair and balanced way.
Cases proceeding to trial usually fall under three areas of law: civil, criminal and administrative. In this essay, we will discuss the differences between civil and criminal actions. Although the trial proceedings in civil and criminal litigations present general similarities (such as the selection of jury through the process of voir dire – in case of jury trials, the opening and closing statements, the examination of evidences and witnesses or the cross-examination), some differences can be noted, especially on the nature and purpose of the two actions, the pretrial and trial stages and the post-verdict actions.
This report is on the account of a trial heard in Swansea Crown Court on 8 March 2016. The purpose of the report is to show significant knowledge in the application of relevant areas of law to its involvement in the criminal trial. In accordance, the concept of criminal law, English legal system, function and structure of the court system, roles of court personnel, the procedure of the criminal trial, strength and weakness of the court system, and proposed reform of the courts have been put into consideration.