Criminal Trial Essay - Johnell W.
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Jan 9, 2024
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docx
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Uploaded by SuperMorningSquirrel26
Johnell White Jr
JUS 325
4/16/2023
Professor Peiser
Criminal Trial Essay
Introduction
The criminal justice system is a crucial component of any democratic society. It ensures
that those who commit crimes are held accountable for their actions and that the innocent are
protected from false accusations. A criminal trial is a complex process that involves many
procedural steps, which are designed to ensure that justice is served. In this essay, we will
describe the procedural steps in a criminal trial, including how one determines whether they have
standing to appear in criminal court, pre-trial management procedures, trial procedures, and
appellate procedures.
Standing to Appear in Criminal Court
Standing refers to the right of an individual or entity to appear in court and make
arguments regarding a particular case. In criminal cases, standing is determined by whether an
individual has been charged with a crime. A person who has been charged with a crime has
standing to appear in criminal court. In some cases, individuals who are not directly involved in
the case may also have standing, such as victims of the crime or witnesses.
Pre-Trial Management
Procedures Before a criminal trial begins, there are several pre-trial management
procedures that must be followed. These procedures are designed to ensure that the trial is fair
and that the defendant's rights are protected. The following pre-trial management procedures are
required in most criminal trials:
Notice
Notice is an important aspect of pre-trial management procedures because it ensures that
the defendant is fully informed of the charges against them and the date of the trial. Without
notice, the defendant would not have sufficient time to prepare a defense or gather evidence,
which could compromise the fairness of the trial. Notice also helps to prevent surprise or ambush
tactics during the trial, which can be detrimental to the defendant's case. By providing notice, the
court ensures that the defendant is fully informed of the charges against them and has a fair
opportunity to prepare a defense. Right to Counsel
The right to counsel is a crucial component of the pre-trial management procedures as it
guarantees that the defendant is given a fair opportunity to defend themselves in court. The right
to counsel ensures that the defendant is not left to navigate the complexities of the legal system
on their own and provides them with legal expertise to protect their rights and interests. This
right is particularly important for those who cannot afford legal representation, as they may be at
a significant disadvantage without an attorney's assistance. By providing counsel for those who
cannot afford it, the court helps to ensure that justice is administered fairly, and that the
defendant is not disadvantaged due to their financial circumstances.
Termination of Proceedings:
The decision to terminate the proceedings is a crucial step in pre-trial management
procedures as it determines whether the case will proceed to trial or not. If there is insufficient
evidence, proceeding with the trial would be a waste of time and resources, while a violation of
the defendant's rights could compromise the fairness of the trial. The termination of proceedings,
therefore, helps to ensure that only cases with a reasonable chance of success proceed to trial and
that the defendant's rights are always protected. This is essential for the administration of justice
because it promotes the fair and efficient administration of the legal system and protects the
rights of both the defendant and the state.
Trial Procedures
During a criminal trial, the court follows a series of procedural steps to ensure that
justice is administered fairly and impartially. These procedures include the opening statements,
direct examination, cross-examination, jury instructions, jury deliberations, rendering a verdict,
and sentencing. Each step serves a specific purpose in the trial and helps to ensure that the
evidence is presented in a clear and concise manner, the rights of both the defendant and the state
are protected, and the verdict is reached through a fair and impartial process. By following these
procedures, the court ensures that the trial is conducted in a manner that is consistent with the
principles of justice and that the rights of all parties involved are protected.
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Opening Statements:
Opening statements are the first opportunity for the prosecutor and defense attorney to present their cases to the jury. The prosecutor typically begins by outlining the charges against the defendant and the evidence they intend to present to prove their guilt. The defense attorney, on the other hand, outlines their case and presents their theory of the events that led to the charges. The opening statements are not evidence and are intended to provide the jury with an overview of what they can expect to hear during the trial.
Direct Examination:
During the direct examination, the prosecutor calls witnesses to testify and asks them
questions about the events surrounding the alleged crime. The witnesses are typically asked to
provide detailed information about what they saw, heard, or experienced and may be required to
provide physical evidence or documentation to support their claims. The prosecutor's goal during
the direct examination is to establish a clear and compelling case against the defendant.
Cross-Examination:
Following the direct examination, the defense attorney can cross-examine the witnesses called by the prosecutor. During the cross-examination, the defense attorney may ask questions to clarify or challenge the testimony of the witness. The defense attorney's goal during the cross-
examination is to discredit the witness's testimony and create reasonable doubt in the minds of the jurors.
Jury Instructions:
Jury instructions are provided by the judge to the jury after all the evidence has been
presented. The judge explains to the jury what the law requires for the charges against the
defendant, the standard of proof, and how to consider the evidence presented. The instructions
ensure that the jury is not influenced by biases or personal beliefs but instead focuses on the
evidence and the law when making their decision.
Jury Deliberations:
After the closing arguments, the jury will begin deliberations to determine whether the
defendant is guilty or not guilty. During the deliberations, the jury will review the evidence
presented, discuss the facts of the case, and consider the instructions provided by the judge. The
jury must reach a unanimous decision before a verdict can be reached.
Rendering a Verdict:
Once the jury has reached a verdict, it is read aloud in court. If the verdict is not guilty,
the defendant is acquitted of the charges, and the trial is over. If the verdict is guilty, the
defendant will be sentenced at a later hearing. The verdict serves as a crucial step in the criminal
justice process, as it determines whether the defendant is guilty and whether justice has been
served.
Sentencing
:
If the defendant is found guilty, the judge will determine the appropriate sentence
If the
defendant is found guilty, the judge will determine the appropriate sentence based on the nature
of the crime, the defendant's criminal history, and any other relevant factors. The sentence may
include fines, probation, or imprisonment. The sentencing hearing is an opportunity for the judge
to consider all relevant information and to determine the appropriate punishment that will serve
the interests of justice.
Appellate Procedures
If a defendant is found guilty and believes that their rights were violated during the trial,
they may choose to appeal the verdict. The appellate process involves reviewing the trial record
to determine whether any errors were made. The following appellate procedures are available to
criminal defendants:
The defendant petitions the court for relief from unlawful imprisonment
After a verdict
has been reached in a criminal trial, a defendant may have the option to appeal the decision to a
higher court. This process is known as a direct appeal, in which the defendant argues that errors
were made during the trial that affected the outcome. A direct appeal does not involve new
evidence, but instead, it focuses on the legal errors that may have occurred during the trial. In
addition to a direct appeal, a defendant may also file a petition for a writ of habeas corpus, which
is a legal remedy that can be used to challenge the legality of the defendant's imprisonment. The
writ of habeas corpus seeks relief from unlawful imprisonment and can be used to challenge the
constitutionality of the conviction or the sentence. Together, these appellate procedures provide a
mechanism for defendants to challenge the outcome of their trial and seek relief from potential
errors or injustices in the criminal justice system.
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Collateral Attack:
The defendant challenges the validity of the conviction through a separate legal action.
Appeals may be a viable option if there were errors made during the trial that affected the
outcome of the case. However, not all errors are grounds for appeal.
In conclusion, a criminal trial is a complex process that involves many procedural steps,
each designed to ensure that justice is served. Standing, pre-trial management procedures, trial
procedures, and appellate procedures are all important components of a criminal trial. These
procedures are required to ensure that the trial is fair and that the defendant's rights are protected.
References:
Dressler, J. (2019). Understanding criminal procedure (6th ed.). West Academic Publishing.
Kamisar, Y., LaFave, W. R., Israel, J. H., King, N. J., & Kerr, O. S. (2015). Modern criminal procedure: Cases, comments, and questions (14th ed.). West Academic Publishing.
Murray, P. J., & Bucy, P. H. (2017). The criminal trial process: An overview. Congressional Research Service.
Rothstein, P. F., & Michelman, J. (2016). Criminal procedure: A contemporary perspective (3rd ed.). West Academic Publishing.
Schmalleger, F., & Hall, D. E. (2019). Criminal law today (6th ed.). Pearson.