Topic 6 DQ 1
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Feb 20, 2024
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Topic 6 DQ 1 (Obj. 6.1)
What are the procedural steps at trial? What is the significance of the procedural steps? How do these steps vary within the United States?
The criminal justice process for a defendant can be broken down into the following steps:
1. Arraignment
The arraignment is the first court appearance for a defendant in a criminal case. At the arraignment, the judge will read the charges against the defendant and ask them to enter a plea of
guilty, not guilty, or no contest (Baum, 2012). If the defendant pleads guilty, the judge will schedule a sentencing hearing (Ashworth, 2019). If the defendant pleads not guilty or no contest, the judge will set a date for a preliminary hearing or trial (Lippman, 2022).
2. Discovery
Discovery is a process in which the prosecution and defense exchange information about the case
(Baum, 2012). This includes sharing witness lists, evidence, and other relevant information. Discovery is important to ensure that both sides have a fair chance to prepare for trial (Ashworth,
2019).
3. Pretrial motions
Before trial, either side may file pretrial motions (Baum, 2012). These motions can be used to challenge the evidence, the charges, or other aspects of the case. The judge will rule on these motions before the trial begins (Lippman, 2022).
4. Trial
If the case goes to trial, the prosecution will present its case first (Baum, 2012). The prosecution will call witnesses and introduce evidence to support the charges. The defense will then have the opportunity to present its case (Baum, 2012). The defense may call witnesses and present evidence to refute the prosecution's case or to raise reasonable doubt about the defendant's guilt (Ashworth, 2019).
5. Jury instructions
After both sides have presented their cases, the judge will instruct the jury on the law that applies
to the case (Baum, 2012). The jury will then retire to deliberate and reach a verdict.
6. Verdict
If the jury finds the defendant guilty, the judge will schedule a sentencing hearing. If the jury finds the defendant not guilty, the defendant will be released. (Baum, 2012).
Reference
Ashworth, A. (2019). Victims' rights, defendants' rights and criminal procedure. In Integrating a victim perspective within criminal justice
(pp. 185-204). Routledge.
Baum, L. (2012). American courts: Process and policy
. Cengage Learning.
Lippman, M. (2022). Contemporary criminal law: Concepts, cases, and controversies
(6th ed.). SAGE Publications. ISBN-13: 9781071812990.
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