Trial Process and Procedures - Essay Example

Leading header: Trial Process and Procedures         Content Introduction 2. The trial Process 3. Closing Arguments 4. Jury Deliberation 5. The Verdict and its repercussions 6. Conclusion Abstract After a trip to the local court, I got the opportunity to sit down and witness a court trial. The experience was later explained by a court official. After further research and knowledge from the official, I was able to document the whole process as below. Introduction Today, observance of law results from the culmination of customs being in existence for a long time and has changed through the years to combine forces with other rituals from lands that are foreign. There are many kinds of trials, civil trials, criminal trials, and others constitute these types of trials. Processes of events are followed from the start of the trials to the end of the trial (Cederbaums 65). Trials are inevitable when the two parties involved are not able to straighten out of court. Persons are prosecuted in court and given an opportunity for bail. After the hearing of the bail, the individual involved could be released or put in remand until the time when the court decided the hearing of their case. Usually, an individual is put in remand when the court has a genuine reason for believing that the person might decide not showing up for the subsequent hearing. In order for individuals to be given bails they must also demonstrate that they would not commit another crime or commit again the crime while on bail (Bergman 45). Leaving of the passports in the court is one of the terms and conditions set so that the accused persons maintain a contact that is reliable by informing of the persons’ address in the court. Furthermore, the alleged persons could be required to leave some security that can be in cash form. This would deny the chance for the individuals to move out of the country. Nevertheless, the judge must look and consider some of the factors involved in the trial. It may be hard for the individuals to be given bail if they are facing a warrant that is outstanding, repeat of the mistake or arrest after failure of showing up on a previous hearing of bail, or the individuals have problems that involved immigration or arrested of possessing a weapon (Fitzmaurice 56). There are strategies used by others of showing that they are not in risk, where a lawyer shows and gives evidence that an individual has attachments that are enough to the community that are residing. Documents and witnesses from the family and friends might be included as some of the evidences proofing ownership of property. At this point, the lawyer does most of the talking. After hearing of the bail, individuals might be put in remand or given bail. The type of the trial is then known and a court date fixed. At a criminal proceeding, the accused could request for a quick trial guaranteed in the constitution of the United States and given the assurance that the trial would not be subjected to a long imprisonment before a fair trail (Levinkind 56). The imprisonment time before a fair trial being given varies and can be described by the courts of law or statute. If the crime’s time to arrest time is long, there is hand over of the accused to a quick trial. The accused may go through a bench trial, where a judge takes the responsibility to hear and decide on the type of the punishment to award. A defendant can decide to choose a bench trial if they have a feeling that they will have a hearing that is fair if taken to a jury trial. Bench trials are put in place in most of the nations. In a jury trial the decision of the case comes from people chosen randomly. The jury people make deliberations and vote so as to decide the accused person’s fate (Schmalleger 23). The trial Process After the setting of the court date by the judge the accused individuals take time in building up their case and prosecutions. For a jury by this time, the duty of the jury has been summoned. The jurors are among the number assigned for orientation process. Before the beginning of the trial, jurors are send for by the judges through deputy sheriff in order to question and evaluate their ability of impartiality of the case. Additionally, attorney does the case by looking for a sympathetic juror. The statements and arguments that are opening are first made by the attorney representing the person responsible in the case filing to the jury and followed by the attorney that is in defense. The jurors do not use any other information other than the presented in court. There is a limitation of the opening statements to the evidence and not to the information known outside court. The attorneys demonstrate the opening statements that favor their clients. Statements are not argumentative but vivid. Plaintiff’s testimony or prosecution follows the opening of the statement. The prosecution side presents their cases and witnesses. The other attorneys analyze the witnesses involved in the case. The prosecution side may decide to call experts strengthening their case. This would give them an opportunity to present their justification. The defense lawyer discredits the statements of witness by cross examination. There are many times when cases have been dismissed because of the unreliability and contradiction of the eyewitnesses. After the presentation of the plaintiff, the side of defense has the opportunity of presenting their witnesses and crossed examined experts. At this stage, there is presentation of evidence to the court and jurors given opportunity of seeing the evidence physically through presentation of photographs and other forms evidences that are physical. Further interrogation of witnesses and experts can be recalled at the discretion of the judge for clarification. Closing Arguments After the production of evidence and witnesses of the experts, the attorneys get an opportunity for closing of the arguments. Closing of the arguments is the final chance of addressing and making the jury sympathize the clients. After this, the prosecutor or the plaintiff makes arguments by analyzing the witnesses and evidence presented. The defense attorney follows procedure of the same kind and tries in the swaying of the jury in making a verdict that is favorable. The final opportunity belongs to the prosecution or plaintiff to react to the closing arguments of the defense. Jury Deliberation After the dismissal of clear instructions on evaluation of the case by the judge, there is making of jury deliberation. A warning on avoidance of bias is one of the instructions included deliberations. Once there is a unanimous decision, there is attainment of verdict. However there have been cases in the past where verdicts have been reached without a unanimous decision. There is acknowledgement of a mistrial in case where unanimous decision has not been reached, which becomes a hung jury. The first thing is to select a foreperson in any deliberation. Foreperson takes the lead in the deliberations and chairs any discussion leading to a quick and successful conclusion. The first phase is for the foreperson to collect jurors’ views. Lifting of hands to show disapproval or content characterizes this first phase. Opinions may be different and issues concerning the case could be reviewed. Evidence to the jury could be presented again. All these deliberations and discussions culminate a reasonable verdict to the jury. A civil case requires the petit jury to determine any damage and liability compensated by the responsible party (Wyness 78). The Verdict and its repercussions A unanimous decision by the jury brings a verdict and the verdict delivered by the deputy sheriff to the judge. With the presence of the defense, plaintiff, friends and relatives, there is announcement of the verdict . Sometimes, the judge do not agree with the reached verdict and can therefore, exercises his power in the decision of the sentence to be given. Evidence of justifications determines the exercise of the judge. Implications may follow a verdict. Both the defense and plaintiff by be favored by some implications. If the parties involved are not happy, they is a need to pursue the case by appealing to a higher law court. The review of decisions made earlier by courts could be given to the appellate court since it is powerful. The decisions by appeal courts sets a precedence for decisions and policies in future given by the lower courts, hence believed to be powerful. There is liability of punishment under the country’s law when there is guiltiness in the defense team. Punishment depends on the payment of prison incarcerations in monetary terms. Conclusion The whole process ensures that justice is upheld and thus serves as a good example of good governance. After attending the court session, I came to appreciate the role of the court process and its importance to the community as it enabled justice to be delivered to community members. Works Cited Academy of Criminal Justice Sciences. Journal of criminal justice, California: Pergamon Press, 1979. American Academy of Political and Social Science. Annals of the American Academy of Political and Social Science, Volumes 327-332. New York: American Academy of Political and Social Science, 2009. Bergman, Paul. The Criminal Law Handbook: Know Your Rights, Survive the System California: Nolo, 2008. Berman, Sara. Represent yourself in court: how to prepare & try a winning case. California: Nolo, 2008 Cederbaums, Juris. Criminal procedure sourcebook, Michigan: Practicing Law Institute, 1970. Champion, Dean. Criminal Courts: Structure, Process, and Issues, London: Prentice- Hall, 2007. Cole, George The American System of Criminal Justice, New York: Cengage Learning, 2006. Fitzmaurice, Gerald. Law and Procedures of the International Court of Justice, London: Cambridge University Press, 1986. Fradella, Henry. Criminal Procedure for the Criminal Justice Professional, New York: Cengage Learning, 2008. Levinkind, Susan. Legal research: how to find & understand the law. London: Oxford Publishers, 2007. Neubauer, David. Americas courts and the criminal justice system, London: Wadsworth Publishers, 1996. Schmalleger, Frank. Criminal justice today: an introductory text for the twenty-first Century. London: Prentice Hall, 2007. Wyness, Robert. Civil Procedure of the Trial Court in Historical Perspective, New York: The Law book Exchange, Ltd., 2005. Xavier, Busch. Law and tactics in jury trials: the art of jury persuasion, tested court procedures. New York: Bobbs-Merrill Co., 1998. Read More