First Draft- Outline And Annotated Bibliography
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Benchmark - Criminal Trial Essay – Final Draft
Sarae Zepeda
Grand Canyon University
JUS-325
Michael Coplan
December 17, 2023
2
Benchmark - Criminal Trial Essay – Final Draft
The criminal justice system is designed to ensure a fair trial and enforce and administer
the law. A criminal trial process involves various steps that I am to safeguard the rights of the
accused and the state. This essay will describe the procedural steps look up on a trial and
address how to determine standing and other pretrial management procedures.
Procedural Steps in Criminal Trial
Standing in Criminal court is determined by the connection they legally have to the
case. For example, if an individual is directly affected by the crime or “
that he has a genuine
stake in the outcome of the case because he has personally suffered
” (Legal Information Institute,
n.d.). These individuals include victims or witnesses, or the accused. Once standing is confirmed
the court administers pre-trail management procedures such as notice, right to counsel and
determines whether or not to proceed. The first step in a pre-trial management procedure is
notice. The notice serves a purpose of informing all the parties that were involved about the
potential charges and the intent to use evidence. This is crucial and that the accused are fully
aware of the case against them which allows them time to prepare a defense. This must be
presented in a timely matter. Second is the right to counsel. This is a fundamental constitutional
right. This ensures that the accused has the adequate and appropriate legal representation
throughout the proceeding. This guarantee is a fair trial as it is important to have legal counsel.
Proper legal counsel can help the accused, or the defendant navigate the trial process. If one is
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not trained in law, it would be difficult to understand legal terminology, argue a case or
appropriately present and use evidence. Finally, there is the decision to proceed with the case or
terminate the proceedings. This is an essential process in the criminal justice system in cases
where the court considers terminating proceedings can before multiple reasons. Legal
proceedings are typically terminated when there are legal or procedural issues. If there is
evidence that was unlawfully obtained or if there is insufficient evidence to support the case this
could be means to terminate the case. It would not be fair to anyone if the corporate standard
without ample or appropriate evidence. Evidence cannot be used in a case if it is unlawfully
obtained. All three pre-trial management procedures are important for the administration of
justice. They ensure fairness, protect individual rights and the proper practice of law.
Criminal Trial Steps
There is a long list of steps to a criminal trial to ensure a proper sentencing and process.
The criminal trial first starts with opening statements. These are statements that are given by
the prosecution and the defense. These are statements that go over the solid facts of the case,
possible usage of evidence, and the legal arguments of both sides. This gives an overview of
the case and can possibly set expectations of the outcome of the trial. Next is direct
examination, this follows the opening statements. Prosecutors one who conducts the direct
examination. This gives them the opportunity to present and introduce evidence as well as
question the witnesses. This is Important because by introducing the evidence this establishes
the facts of the case while supporting the proposed charges. This is not only limited to
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prosecution, but the defense may also conduct their own direct examination of witnesses. Cross
examination is next. This step allows the opposing party or the defense attorney to cross
examine the same witnesses. The purpose is to find gaps in the witness’s statement. The more
Errors they can find in the witness statements can create a lack of credibility for that witness.
This intern is beneficial for the defenses side. The jury can also be influenced by these
findings. In the next step is when the jury gets involved in the criminal trial process. Jury
instructions follow the closing arguments of the case. This is when the judge provides
instructions to the jury that go over the charges presented and the legal principles of the case.
This is an important step due to the jury having a big influence in the application of charges.
Did your instructions also provide the facts and criteria that should be considered when
determining the innocence or guilt of the accused. This is to ensure that they are informed and
are stare in their decision. Following the instructions there is a jury deliberation. This is when
they are presented with the case all the liberations are strictly confidential. This occurs when
they are presented with the case which includes the evidence and the arguments that
represented by each side. In order to convict someone of a crime there must be a unanimous
decision. After the jury has had time to reflect on the trial and assess the evidence, the jury
must inform the court of their decision. This is stop is called rendering a verdict. The jury
presents the judgment which can be guilty or not guilty. Lastly if the verdict is guilty the court
proceeds to the last and final step. The sentencing of the accused. The judge considers various
factors before providing the sentence. This includes the defendant’s criminal history, the
severity of the crime and much more. The punishment must be appropriate to the crime. All the
steps listed are essential for a smooth criminal trial process that will ensure a fair process
(
Offices of the United States Attorneys, 2023).
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Appellate Procedures
Appellate Procedures provide a chance for defendants to challenge their sentence or
convictions. A party is bringing a lower courts decision to a higher court to be reviewed. A
couple reasons for an appeal include constitutional violations, legal errors, or even new evidence.
In order for an appeal to be raised the defendants constitutional rights must be violated during the
trial. If believe that they did not receive a fair trial this can be means for appeal however there
must be a legal reasoning. Next, the appellate process can allow a defendant to claim there has
been legal errors during the trial. These must be significant legal errors such as jury instruction
and improper admission of evidence. Lastly the introduction of new evidence that was not
available during the trial could possibly change the outcome of the decision. This is why it is
important that any law or court case procedure is followed exactly. There is no loopholes and no
skipping steps. It was steak in a case could cause an innocent person to be deemed guilty. The
appellate process and procedures as an example of are constitutional right to life, liberty and the
pursuit of happiness (United States Courts, n.d.).
There must be substantial errors in any part of the trial for an appeal to be a viable route
for the defendant. That is why before filing an appeal one must and analyze their case. For
example: did the heirs have a legal basis? Will the outcome change if an appeal is raised?
If the
error would not affect the outcome, then appeal isn't necessary. Not all errors in a case are subject
to warrant an appeal. If the air is harmless and did not significantly change the verdict that it is
waived. Factual disputes and procedural default can also impact whether an appeal may be a
viable option. If an appeal is filed that mostly disputes over the fax the case rather than the legal
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errors, an appeal might not be a viable option. Lastly, if either one of the parties did not voice
their concerns or objections during the trial this may affect the appellate procedure (American
Bar Association, 2021).
The procedural steps during post and pre-criminal trial are in place to ensure fairness and
the protection of our individual rights. Every step is just as important, from the pretrial to the
appellate process. It is important that any procedure in the legal system is transparent and
efficient. Appellate procedures are another safety net that safeguard of the fairness and
transparency of the legal system. The criminal trial process aims to seek justice and keep the
balance in society.
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References
American Bar Association. (2021, November 28).
How courts work - american bar association
.
How courts work.
https://www.americanbar.org/groups/public_education/resources/law_related_education_ne
twork/how_courts_work/
The Judicial Learning Center. (2018, June 14).
The trial process: The judicial learning center
.
The Judicial Learning Center | An online companion to the Judicial Learning Center in St.
Louis, Missouri. https://judiciallearningcenter.org/your-day-in-court/
Legal Information Institute. (n.d.-b).
Rule 12. pleadings and pretrial motions
. Legal Information
Institute. https://www.law.cornell.edu/rules/frcrmp/rule_12
Legal Information Institute. (n.d.).
Overview of standing
. Legal Information Institute.
https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/overview-of-
standing
Offices of the United States Attorneys. (2023, May 12).
Steps in Criminal Trial Process
. U.S.
Attorneys | Trial | United States Department of Justice.
https://www.justice.gov/usao/justice-101/trial
8
United States Courts. (n.d.).
Appeals
. United States Courts. https://www.uscourts.gov/about-
federal-courts/types-cases/appeals