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The Trial Process - Essay Example

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Name: Course: Date: The trial process The legal trial process involves various components, set as a procedure that is systematically followed from the time the trial starts up to when a verdict on such a case is given. The actual procedure starts when an individual is arrested, or when charges are filled for a warrant (Zuckerman, 2012)…
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Download file to see previous pages The statements made during the opening statement are not to be considered as part of the evidence. Rather, they serve to build a connection between the two sides to the case and set straight the plot that the case is going to take, while trying to influence the juries with the arguments and the evidence available. Even though there is no argument of the case at this phase, the stage, as one of the component of the trial process serves to set the stage for the actual process of case trial (Wayne, 2003). The next component in the trial procedure is the prosecution’s case presentation, where the prosecutor presents the evidence and all the information necessary to the case, in an attempt to prove that the defendant is guilty before the court (Sadakat, 2005). The prosecutor has to prove beyond a reasonable doubt that the defendant is guilty of all the charges aligned with him. If he fails to do this amicably, then the defense can request that the case be dismissed at this stage, without the need to proceed to offer the case defense. If the prosecutor provides sufficient evidence to prove that the defendant is guilty, then the next stage follows. The next component of the case is the direct and the cross examination of witnesses. Under this component, the witnesses are sworn under oath to give true and only facts regarding the case. Each side to the case will then examine the witnesses through a question and answer session, where the counsels of both sides asks the witnesses questions to unearth some facts and prove the allegations already given (Zuckerman, 2012). During the cross examination, all attempts are made to indicate the inconsistencies and the loopholes that are left unsealed by the witness testimonies. The need for this component as part of the trial process is to have each side to the argument discredit the other, based on the testimonies given (Wayne, 2003). The next component that follows is the defense’s case, where the counsel representing the defendant will present their case, indicating how the case presented by the prosecutor does not qualify to make the defendant guilty before the court (Zuckerman, 2012). The defense can also seek to show the court that the prosecutor lacks sufficient evidence to prove the case against the defendants. In doing this, the defense counsel may cite the weaknesses made by the witnesses during the testimony session. The need for this component of the trial process is to indicate how the prosecution’s evidence fails to meet the threshold of conviction that the defendant is guilty. At this stage, the defense calls their witnesses who also give the testimony, opposing the guilt of the defendant. After the defense makes their case, the prosecution can react to this, though only in relation to new suggestions that defense has noted which were not addressed by the prosecution (Sadakat, 2005). The next component of the trial process that follows is the closing argument. Here, the prosecution presents their final arguments, addressing any relevant details to the case that they could have forgotten, in a summary manner. This is followed by the closing arguments given by the defense, summarizing their main points and giving any relevant information they could have skipped during the preceding stages (Wayne, 2003). Of importance is ...Download file to see next pages Read More
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