Trial by Jury in the Criminal Justice Process
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Pre-Trial
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Trial by jury is the climax of a long and often complex journey through the criminal justice process. It is not the beginning of the journey, nor is it the end of the journey towards resolution of criminal charges. Before the accused is put on trial, there are many stages of the criminal justice process that must first be navigated. The most major steps before trial include arrest, arraignment, bail/bond hearing, grand jury indictment, discovery, pretrial hearings and jury selection.
People to Know at Trial
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It is important to know the different players in the process of a criminal trial. According Alameda County, California's Superior Court, the major players you want to know are:
The judge is the appointed or elected official that has the authority to oversee the trial and decide questions of law. His function is to provide equality and fairness at trial.
The attorneys are licensed to practice law. The prosecutor is an attorney that represents the victims of the crime, as well as the people of the state in which the crime is being prosecuted. The defense attorney represents the best interest of the defendant, and are there to ensure that the rights of the defendant are preserved.
The bailiff is the court officer charged with maintaining order in the courtroom, and escorting the jury to and from breaks and deliberations.
The court reporter is the individual that is charged with recording all proceedings for the official record. He or she may type on a special machine, or may speak into a mask to record all ongoing proceedings accurately.
The clerk is the chief administrative officer whose duty is to mark and compile official files and exhibits offered and created during the course of the trial. The clerk also has the duty to swear in jurors and maintain accurate records of proceedings.
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The Trial Process
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Television shows like Law and Order have glamorized the process of a criminal trial. The reality is that criminal trials contain a lot of testimony that the common viewer would find boring. Like the rest of the criminal justice process, the trial is very structured and governed by specific federal, state and local rules.
Opening Statements
The attorneys for each side explain their version of the case, along with the issues the jury will be asked to decide. The prosecution goes first, followed by the defense attorney.Presentation of Evidence
According to Jury Info (see Reference 1), evidence is presented through the testimony of witnesses, including those who might have witnessed the crime or have information that helps explain or answer relevant questions or provide insight, police officers and other state employees that might have participated in executing arrest or search warrants or can testify as to chain of evidence and expert witnesses. Exhibits must be admitted into evidence during and through the testimony of a witness.Judicial Rulings/Questions of Law
A judge makes decisions as to whether or not certain things are allowable during the trial. Certain types of evidence may not be allowable under the law, or advisable, due to the prejudicial nature of the evidence offered. Lines of questioning can infringe on a witnesses rights, or might be inflammatory and irrelevant. These are questions that only the judge has the right to decide. These are the times you will hear the attorneys make objections, and the judge will rule on them. Sometimes these questions need to be debated out of the presence of a jury. If this occurs, the jury will be asked to leave the courtroom while the attorneys present their arguments and the judge makes his decision on the admissibility of evidence or the appropriateness of a certain line of questioning. The reason for this is to make sure that the jury is not swayed by information that may not be allowable under the Rules of Evidence.Closing Arguments
After both sides have presented their evidence, the attorneys are given the opportunity to make a final argument to the jury. Generally, the prosecution is given the opportunity to make the final speech to the jury, after the defense makes their final analysis and plea.Deliberation
At this point, the jury is given specific legal instructions by the judge, and the jury is released to deliberate in private. During deliberations, the jury will discuss the evidence presented, witness credibility and their general impressions. In most cases, a guilty verdict requires unanimous agreement by all jurors that there is no reasonable doubt as to the guilt of the accused. The jury lets the judge know that they have reached a decision. All parties are called back into the courtroom, the jury enters, and announces the verdict. If the verdict is "not guilty", the defendant is released. If the verdict is "guilty", the defendant is taken into custody until sentencing. If the jury cannot come to an agreement as to guilt or innocence, a hung jury is usually declared.
Post-Trial
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Although a criminal trial is the climax of the criminal justice process, there are other things that go on after the trial. Attorneys file their notices of appeal, if any. If found guilty, a sentencing hearing is held, either immediately after trial or at a later date. Witnesses are called to testify as to the severity and impact of the crime, or on behalf of the guilty party to help determine what sentence is just and fair based upon the crime and the circumstances surrounding the crime. If appeals are filed, either by the prosecution or the defense, the appeals process can often change the sentencing, or require a new trial. In the latter instance, the process begins again with certain pretrial events. If a mistrial is declared due to hung jury, the prosecution is charged with the responsibility of determining whether another trial is likely to result in a guilty verdict based upon the evidence. If so, the prosecutor has the right to retry the case, which also results in stepping back to pretrial events.
Summary
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A criminal trial can be a tedious and complex process that begins before the trial, and does not always end with the trial. It is important to be familiar with the criminal justice process when preparing to go through a trial either as a victim or a defendant. Pretrial matters and post-trial matters are minor, but have a significant bearing on the execution of and the final outcome of the trial and the criminal justice process, and are therefore important to consider, as well.
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