The document summarizes the key participants and processes involved in a criminal trial in the US legal system. It describes the roles of the judge, court clerk, court reporter, lawyers, jury, and prosecutors and defense attorneys. It also outlines the jury selection process, rules around evidence and witness questioning, opening statements, and the purposes and processes of both prosecution and defense.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Legal Issues of a Concealed Handgun License OHIO *NOT LEGAL ADVICE*Merisa Bowers
THIS IS NOT LEGAL ADVICE. IF YOU NEED LEGAL ADVICE CONSULT A LAWYER IN YOUR JURISDICTION. I am not responsible for any reliance on the information. It is not certified to be accurate. Rely on the information contained at your own risk.
Legal Issues with Obtaining, Possessing, and Using a Concealed Firearm in OHIO
One of the most important rights of an individual formally charged with a "serious crime" is the right to a jury trial. ... Persons accused of crimes have the right to have their guilt or innocence determined by a panel of fellow-citizens.
A seasoned litigator, Mario uses his diverse background and a long track record of successfully representing individuals and businesses throughout NY State and around the country. He is applying that experience with his law practice and ESG Strategies, a consulting business he co-founded that assists business assess, plan and implement groundbreaking and vanguard Environmental, Social and Governance principles.
What is the role of a jury in a criminal case Is it important or.pdfalrahmancollection
What is the role of a jury in a criminal case? Is it important or unnecessary ? Can I get a thesis
statement for this ?
What is the role of a jury in a criminal case? Is it important or unnecessary ? Can I get a thesis
statement for this ?
Solution
ROLE of JURY
Juries are seen as playing an important role in our legal system. Juries have been used as part of
our legal system for more than one thousand years but it was not until trial by ordeal was done
away with in 1215 that they became an integral part of our criminal justice system. In the same
yearMagna Carta also formally acknowledged the principle of an individual’s right to trial by
their peers. The jury we are now familiar with and whose role it is to “faithfully try the defendant
and give a true verdict according to the evidence” is relatively young. It is only over the last 300
years or so that a jury has become established which is as independent as we now see it and
which does not have any influence on law making or any knowledge of the defendant. Set out
below is the role of juries in criminal cases.
Juries are used in trials in the Crown Court. The jurisdiction of the Crown Court provides for the
hearing of more serious offences on indictment. The offenders will have first appeared in the
Magistrates’ Court and been committed or indicted to trial at the Crown Court. If there is a not
guilty plea there will be a jury trial. If a guilty plea is entered then there will be no need for a trial
and the Judge will decide upon the appropriate sentence.
The jury is randomly selected from persons entered on the electoral register and they must not
be involved in any way with the case. They are required to make an informed decision about
whether the accused is guilty or innocent. The jury is told by the trial judge that they must base
their decision upon the evidence put before them during the trial and not upon anything else,
including things said outside of the court or anything they may have read. The jury must
therefore listen to the evidence but their role may also include being made aware of physical
exhibits and photographs and in some complex cases may include accompanied visits to crime
scenes.
Towards the end of the trial, and once all the evidence has been presented by both sides, it is the
job of the trial judge to assist the jury in their task by summing up the evidence and directing
them as to what the law is.
After the summing up, the jury are put in the hands of a jury bailiff who is sworn in and made
aware of their duties by the trial judge. The jury leaves the court and must retire to a jury room
where they are required to deliberate and come to a decision as to whether the defendant is guilty
or not. The jury will deliberate in private.
Despite any direction by the trial judge about the law and the facts of the case at the end of the
trial, one feature of the jury system is that the jury are free to make up their own minds, free from
any outside influence and pressure. Th.
Legal Issues of a Concealed Handgun License OHIO *NOT LEGAL ADVICE*Merisa Bowers
THIS IS NOT LEGAL ADVICE. IF YOU NEED LEGAL ADVICE CONSULT A LAWYER IN YOUR JURISDICTION. I am not responsible for any reliance on the information. It is not certified to be accurate. Rely on the information contained at your own risk.
Legal Issues with Obtaining, Possessing, and Using a Concealed Firearm in OHIO
One of the most important rights of an individual formally charged with a "serious crime" is the right to a jury trial. ... Persons accused of crimes have the right to have their guilt or innocence determined by a panel of fellow-citizens.
A seasoned litigator, Mario uses his diverse background and a long track record of successfully representing individuals and businesses throughout NY State and around the country. He is applying that experience with his law practice and ESG Strategies, a consulting business he co-founded that assists business assess, plan and implement groundbreaking and vanguard Environmental, Social and Governance principles.
What is the role of a jury in a criminal case Is it important or.pdfalrahmancollection
What is the role of a jury in a criminal case? Is it important or unnecessary ? Can I get a thesis
statement for this ?
What is the role of a jury in a criminal case? Is it important or unnecessary ? Can I get a thesis
statement for this ?
Solution
ROLE of JURY
Juries are seen as playing an important role in our legal system. Juries have been used as part of
our legal system for more than one thousand years but it was not until trial by ordeal was done
away with in 1215 that they became an integral part of our criminal justice system. In the same
yearMagna Carta also formally acknowledged the principle of an individual’s right to trial by
their peers. The jury we are now familiar with and whose role it is to “faithfully try the defendant
and give a true verdict according to the evidence” is relatively young. It is only over the last 300
years or so that a jury has become established which is as independent as we now see it and
which does not have any influence on law making or any knowledge of the defendant. Set out
below is the role of juries in criminal cases.
Juries are used in trials in the Crown Court. The jurisdiction of the Crown Court provides for the
hearing of more serious offences on indictment. The offenders will have first appeared in the
Magistrates’ Court and been committed or indicted to trial at the Crown Court. If there is a not
guilty plea there will be a jury trial. If a guilty plea is entered then there will be no need for a trial
and the Judge will decide upon the appropriate sentence.
The jury is randomly selected from persons entered on the electoral register and they must not
be involved in any way with the case. They are required to make an informed decision about
whether the accused is guilty or innocent. The jury is told by the trial judge that they must base
their decision upon the evidence put before them during the trial and not upon anything else,
including things said outside of the court or anything they may have read. The jury must
therefore listen to the evidence but their role may also include being made aware of physical
exhibits and photographs and in some complex cases may include accompanied visits to crime
scenes.
Towards the end of the trial, and once all the evidence has been presented by both sides, it is the
job of the trial judge to assist the jury in their task by summing up the evidence and directing
them as to what the law is.
After the summing up, the jury are put in the hands of a jury bailiff who is sworn in and made
aware of their duties by the trial judge. The jury leaves the court and must retire to a jury room
where they are required to deliberate and come to a decision as to whether the defendant is guilty
or not. The jury will deliberate in private.
Despite any direction by the trial judge about the law and the facts of the case at the end of the
trial, one feature of the jury system is that the jury are free to make up their own minds, free from
any outside influence and pressure. Th.
Defendant’s Rights
Name
School
Class
Date
Pretrial
A proceeding held by a judge, arbitrator, etc., before a trial to simplify the issues of law and fact and stipulate certain matters between the parties, in order to expedite justice and curtail costs at the trial.
access.org
The pre-trial process starts when a pre-trial judge gives his/her confirmation about an indictment. The indictment can remain sealed after being confirmed to make sure of the participation of the defendant at trial. Take note that the pre-trial judge has power to issue arrest warrants and summonses to appear. Many citizens usually think that the real action in criminal courts takes place during trials. However, they are wrong in this assessment. Over 90% of the criminal cases are usually disposed by the guilty pleas and not trials. Most of these guilty pleas are outcomes of agreements made between defense attorneys and prosecutors.
*
Speedy Trial
The Sixth Amendment of the United States constitution guarantees those accused of a criminal offense a speedy trial.
Coindesk.com
According to the amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”Speedy trial is mostly reached through an impartial jury. This implies that the defendant must appear for a trial for his/her alleged offenses within a reasonably shorter period of time after his/her arrest. Similarly, before the defendant is convicted of many crimes, he/she has a constitutional right being tried by a jury where he must be found guilty before the actual trial. Although most states in the United states have laws which are set where trial must be conducted after the charges are filed, the issue of knowing whether the trial is speedy under Sixth Amendment or not comes down according to the circumstances.
*
Speedy Trial Cont..
As the offender is entitled to a speedy trial. The victim and the victim's family should be entitled to see a speedy administration of justice. Waiting 10 years to see justice is further offensive to the family.
By: John Ross
QUOTEHD.COM
Impartial Judge The judge have power in both common and civil law criminal justice systems.
The U.S. Constitution guarantees the right to trial by unbiased and impartial judge.In the legal system of the United States, judicial impartiality is a basic concept component for justice.
The criminal justice system gives judges a lot of power in both common law and civil law. This power is however disproportionally large as compared to both the prosecutor and criminal defense lawyer. The U.S. constitution guarantees the right to trial by unbiased and impartial judge. ...
Between the time that the police make an arrestand a case is event.docxjasoninnes20
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...
Between the time that the police make an arrestand a case is event.docxrichardnorman90310
Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca.
Plea Bargaining and Selection of Jurors - Presentation by Prajwal Bhattarai Prajwal Bhattarai
Plea Bargaining and Selection of Jurors - Presentation by Prajwal Bhattarai
It is the most common method of resolving cases in the criminal system during pre-trial process.
Plea bargaining has long been central to America’s criminal justice system.
The practice of negotiating an agreement between the prosecution and the defense.
First of all plea should be request by defendant.
Plea should be reasonable and should be voluntary knowing the consequences.
Usually it involves sentence reductions, dismissal of other charges, recommendations and so on.
Delivering Micro-Credentials in Technical and Vocational Education and TrainingAG2 Design
Explore how micro-credentials are transforming Technical and Vocational Education and Training (TVET) with this comprehensive slide deck. Discover what micro-credentials are, their importance in TVET, the advantages they offer, and the insights from industry experts. Additionally, learn about the top software applications available for creating and managing micro-credentials. This presentation also includes valuable resources and a discussion on the future of these specialised certifications.
For more detailed information on delivering micro-credentials in TVET, visit this https://tvettrainer.com/delivering-micro-credentials-in-tvet/
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
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Azure Interview Questions and Answers PDF By ScholarHat
Unit8 ppp
1. Criminal Trial and the Roles of the Major Participants Kaplan University Patricia Pryor CJ227
2. The Sixth Amendment in the United States Constitution guarantees the right to a speedy trial. This right ensures the defendant that the prosecutors can not wait an extremely large amount of time before filing charges. In order to help the Sixth Amendment Congress passed the federal Speedy Trial Act, which requires that a trial begin within 70 days of the prosecutor filing the indictment.Also, part of the Sixth Amendment guarantees the defendant a right a public trial by an impartial jury of one's peers. The jury is selected by allowing both sides to exercise peremptory challenges during the selection process. If one sides uses the peremptory challenge against a prospective juror the juror is then asked to leave that particular panel. This happens during voir dire in an attempt to root out discrimination. With peremptory challenges neither party must justify their reasons for a challenge, but they cannot strike a jury due to that particular persons race or gender as describe in Batson v. Kentucky, 476 U.S. 79 (1986) (prohibiting race-based challenges); J.E.B. v. Alabama, 511 U.S. 127 (1994) (prohibiting gender-based challenges).
3. Key Players in Court Judge- A judge is who presides in the courtroom. When a case is tried before a jury, the judge is then the person whom rules on points of law and instructs the jury when needed. The information that is given to the jury is information that governs the case. This information is what the jury uses to determine the facts based on the evidence it hears. During cases that there is no jury it is then up to the judge to determine the facts and decide the verdict. Court Clerk- A court clerk is also known as the bailiff this is the person that administers the oath to the jurors and witnesses. They are also in charge of physical exhibits introduced as evidence and other administrative tasks.
4. Key Players in Court Court reporter- The role of the court reporter is to record everything in verbatim. Everything that is mentioned is part of the formal courtroom proceeding. These proceedings include the testimony of witnesses, objections made by lawyers, and the judge's ruling on those objections. Also used are audio or audio visual tapes these are most commonly seen during misdemeanor trials. In some states, both methods are used and if there is an appeal the reporter's records are used. Lawyer- The lawyer on both sides of the court is also officers of the court. The job of a lawyer is to represent the clients zealously following the rules of the Code of Professional Conduct. This is to ensure that justice be achieved if both sides of the case is rigorously presented by competent legal counsel.
5. The makings of a jury A jury pool is a list compiled by the court, this method of selection varies. In some states, it is compiled from voter registration or driver license lists. A prospective juror will be asked to fill out a questionnaire. The information that is given in the questionnaire is used by the court and the lawyers in order to obtain a competent and impartial jury. A jury is made up of six to twelve people that were selected from the jury pool. The size of the jury depends on which states the case is being tried. It is common for a civil litigation in limited jurisdictions to have only six jurors and sometimes in a misdemeanor case there are fewer than twelve jurors, but more serious criminal cases usually are required to have twelve. Alternate jurors are selected to take the place of a juror who may become ill during trial. The alternate juror hears the evidence but does not participate in the deliberations unless they are replacing an original juror. A jury is selected by a court clerk calling out twelve people those people then take their places. The judge then makes a brief statement explaining what kind of case is being tried and whether or not a juror may not be able to perform. The judge and or the lawyers then ask them questions about whether they have information about the case or if they have any inclination. This is known as voir dire, to speak the truth.
6. The makings of a jury If the lawyers on either side believed there is information to suggest any form of bias about the case, they can then ask the judge to dismiss the juror for each attorney may seek the dismissal of an unlimited number of jurors for cause. These requests are not guaranteed to be granted by the judge. In addition to challenges for cause, each side is allowed a certain number of peremptory challenges. These allow a lawyer to excuse a juror without cause. After both sides agree on a jury, the jurors are then sworn in by the bailiff, those not selected are ask to leave.
7. Opening statements Opening statements are crucial to both sides of a case, an opening statement will help clarify the information that will be used to determine the defendant is either guilty or innocent. Opening statement must consist of facts only, that can be proven by the evidence without being argumentative. Opening statement starts with the individual who has the burden of proof. This is the person who brought the case to court, this would be the prosecution in a criminal case. After the prosecution the defense will then begin with their statement. In some states the defense is able to hold their opening statement till the end of court or either party can choose not to use an opening statement. During a criminal case the burden of proof is with the prosecution, the prosecution must prove beyond a reasonable doubt that the defendant is guilty. It is not the defendants responsibility to prove his or her innocence.
8. Evidence Evidence is one of the most influential factors in a case. There are two different types of evidence, direct and circumstantial. Direct Evidence is considered to speak for itself such as an eyewitness account, a confession, or a weapon. Circumstantial Evidence is evidence that suggest the facts by implying or inferring from the crime scene, testimony that suggests a link, physical evidence that suggests a crime, testimony that suggests a connection. Both direct and circumstantial evidence are part of a trial. Evidence can be offered as oral testimony of a witness or physical exhibits such as fingerprints, test results, and documents.
9. Evidence can begin to be presented during the case, at this time both defendant and plaintiff will question witnesses through direct examination. Witnesses are able to testify to fact, and for certain things mere opinions, if the witnesses are experts or qualified to do so. They can also identify documents or pictures that are part of the case evidence. Both sides are not able to ask leading questions, this would be considered prompting the witness. Objections can be raised by the opposing counsel for different possibilities, the judge will either sustain or overrule. If the objection is sustained the lawyer must put the question in another form or ask another question. Witness questioning
10. Prosecutor is whom represents the government it is also known as the District Attorney, State Attorney, U.S. Attorney, Attorney General, Solicitor General, or Special Prosecutor. The prosecutor will investigate offenses and will request government officers to do so. A prosecutor may investigate certain criminal offenses on his own initiative, or at the request of a government officer or government body. The prosecutor will work with law enforcement during the investigation to review if charges should be filed. The prosecutor must ensure there is sufficient evidence because they must prove beyond a reasonable doubt that a crime was committed by the defense. The Prosecutor will also negotiate plea bargains with the defense counsel, this is an agreement where the defendant will plea guilty for a reduction of charges or a lenient sentencing. During the trial prosecutors will question witnesses and cross examine defense witnesses. They can call upon experts, forensics, also the victims or victims family. The prosecutor can also subpoenas people in order to commands the presence of a witness to testify. Prosecutors role
11. Purpose of defense When the plaintiff has completed its evidence they will announce that they rest. At this point the defense can ask for a motion to dismiss charges, arguing that the government did not prove their case. The judge will then either grant or deny the motion, if granted the defense wins and if denied the defense will then begin to present its case. The role of a defense attorney is to represent their clients by using the principals of law. They attorney must convince the judge or jury that their client is legally not at fault. The defense must also be sure to make the client aware of issues that arise during a court case and provide legal options for example a plea bargain. After the plaintiff has completed its questioning of the witness, the defense may cross-examine. This is done by asking questions that were raised during direct examination. Leading questions are allowed at this time, because the defense is trying to test the credibility of the witness. This is done by questioning the witness to test the ability to identify or remember information or to try and impeach the witness or evidence. During cross examination the opposing counsel may object to any questioning that violates the state’s laws. The defense may or may not present evidence depending on the case and what the plaintiff has offered as evidence. When presenting evidence it is done in the same manner as the government and the plaintiff has the right to cross-examine the defense witnesses. Re-direct and re-cross examination is allowed. After the defense has rested the plaintiff may then rebuttal witnesses or evidence to refute evidence. The defendant may or may not take the stand, the defendant is protected under the Fifth Amendment which protects against self-incrimination. The jury can not take into account that the defendant did not take the stand.
12. Closing arguments Closing arguments or summations will discuss the evidence, the lawyers will not be able to talk about issues outside the case or evidence that was not presented. The lawyers are allowed to comment on instructions that the judge will give the jury. The prosecuting lawyer usually goes first, they will sum up the evidence and talk about how the evidence shows the defendant is guilty. The defense will then presents its closing statement, their job will be to show the prosecutions case does not show the burden of proof needed to convict. They will show the evidence proves their client is innocent. Since the prosecution has the burden of proof they are entitled to a rebuttal, and can respond to the defendants points and appeal one more time to the jury.
13. Jury deliberation When the trial begins the judge asks the jurors' to listen to evidence without drawing a premature conclusion. They are told not to discuss the case with anyone not even each other until deliberations. After both sides have presented their case, the judge will then inform the jury on how to reach a verdict, within the guidelines of the relevant laws. The instructions are read to the jury, and the judge will announce the issues in the case and define any terms or words that the jury may not know. The judge will discuss the standard of proof, beyond a reasonable doubt in a criminal case and preponderance of evidence in a civil case. The judge will advise the jury that is the sole judge of the credibility of witnesses. The jurors are asked to determine the facts and the law as determined by the judge. When the jury receives their instructions from the judge, they return to the jury room and being the deliberation process. During this time, the jury will select the foreperson.
14. trial motions After evidence and before the verdict either side may move for a directed verdict. If this granted the trial is considered over, if not the trial continues and then will be submitted to the jury. There are many times before and after a verdict where a motion will be permitted, motions permitted after a verdict is read, differs from each state. Some of those motions are a motion in arrest of judgment, a motion for judgment notwithstanding the verdict, and a motion for a new trial
15. verdict When the jury reaches a decision they will notify the bailiff, which then notifies the judge. Everyone involved will then return to the courtroom and the decision will be announced. This will be done by the foreperson or the court clerk. The possible verdicts are guilty or not guilty. Afterwards the lawyers may request to poll the jury, the jurors will be asked if they agree with the decision as announced. This is done so to make sure the verdict is the actual true and correct. After the decision is announced, and accepted by the court the jury is dismissed and the trial is over. This decision of the jury will not take effect until the judge enters a judgment and an order is filed in public records.
16. Sentencing If convicted of a crime the judge will set a date for sentencing. Before that a pre-sentence investigation will take place to determine the appropriate sentence. Pre-sentencing will investigate the defendants prior criminal record, family situation, health, work record, and other factors. Most times it is only the judge that can impose the sentence, a death penalty is imposed by a jury. All courts have a federal guidelines to guide judges in appropriate sentences following all statutory minimums and maximums. After sentencing the person will be incarceration or placed under probation. They may also be required to pay fines or restitution. Also the convicted person is protected under the Eighth Amendment which protects them from excessive bail, fines and cruel and unusual punishment.
17. Factors in sentencing Deterrence-Deterrence is the belief that few can discourage crime. This is a debatable issue. General deterrence is used to deter the general public from criminal conduct. Specific deterrence is to punish the offender in order to dissuade them from committing more crimes later. Incapacitation-Incapacitation helps keep criminal off the streets and away from the general public, removing them from society prevents them from committing more crimes as long as they are locked up. There is no doubt this prevents crime. Rehabilitation-Rehabilitation is the belief that you can help change an individual who committed the crime through corrections intervention. There are many programs that have been created to help rehabilitate criminals such as drug programs. Retribution-Retribution is the belief that belief that the punishment should fit the crime. The punishment should be just as harsh as the crime that was committed.
18. Appeals Cases are not always appealed, and it is not an automatic right. There must be a legal basis some sort of error had to occur during the trial. Criminal defendants convicted have the right to appeal on the state level and also can file a habeas corpus in federal courts if they want to show their federal rights were violated. Appeal is not allowing a new trial or retrial it is simple a review based on the same evidence and witnesses to show that there was an error during the trial’s procedures or errors in the judge’s perceptions of the law.
19. References alt.cimedia.com/ajc/campbelltrial/juryquestions.rtf 14 May 2010 CliffsNotes.com. Prosecutorial Discretion. 16 May 2010<http://www.cliffsnotes.com/study_guide/topicArticleId-10065,articleId-10015.html>. CliffsNotes.com. Theories of Punishment. 16 May 2010<http://www.cliffsnotes.com/study_guide/topicArticleId-10065,articleId-10039.html>.http://definitions.uslegal.com/p/prosecutor 10 May 2010