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Advantages and disadvantages of having judges in the trial system
Role and function of judges
Role and function of judges
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Trial procedures are the process of prioritized steps that need to be taken in the action of any committed crime. In my essay I will be explaining the steps that are taken before a trial can proceed and what necessary events must take place. The processes are different in every state and of course the charges differ depending on the level of crime that was committed. Once most people start to vaguely understand that most events in the United States revolve around a modern criminal trial. “Most people may have a blur of knowledge of the goings-on of criminal proceedings” (Ritter).
The first is the arraignment of the defendant, which can happen anytime between the arrest time and any logical non-specific time before the trial itself. Arraignments
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The following is the defense attorney’s job is to insure the accused receives the fairest trial possible, and hopefully aids the accused to be dismissed of all his or her charges. The judge is the third important key to a trial procedure both law and the facts within the case. The judge is a neutral organizer within the court, who listens to the legal defenses, evidence, application of legal principles, and the witnesses to accumulate an unbiased, impartial legal decision. At the same time as the other trial preparations, the jury for the trial is selected, usually from the same district as the crime was committed in and certain people are sent to be witnesses. They may also command the person to produce documents or other evidence. Once a trial actually begins, the struggle of the prosecuting attorney against the defense attorney becomes evident. The attorneys should have at least a token belief that their subject is in the …show more content…
For an example, if someone has committed a crime and the police mistaken someone who actually didn’t commit the crime, the person who was mistaken can plead not guilty during the trial procedure and have their attorney give evidence as to why he didn’t commit the crime. “Introducing evidence producing a statement the court may permit parties to introduce evidences on the objections”( Federal Rules of Criminal Procdure1). If there were no trial procedures than that person who didn’t actually commit the crime would have served jail or the death penalty depending on what crime was committed. During trial procedures you are able to hear all testimony introduced against you. The information that has been said during the trail may be not the correct information therefor; the defendant may have a chance to stick up for himself. Attorneys will help anyone defend the charges that are being charged against them and protect their legal rights. Sometimes during trial produces the defendant and the attorney may be able to persuade the prosecutor to drop the charges in which the judge will dismiss the
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
In chapter twelve, Joel Samaha has discussed various court proceedings before trial. Samaha begins to elaborate the importance of the prosecutor’s decision in determining whether there is a concrete case against the alleged defendant. The evidence at hand ultimately dictates the proceeding of events in court. Along with evidence, the lack of resources might add to the difficulty in charging an individual. Prosecutors are faced with an overload of cases; ultimately prosecutors are forced to prioritize their cases based on their resources and the evidence provided. The cases that are regarded are then considered for suspect detainment. Probable cause to detain suspects is undergone so that the case may proceed to trial. Typically an arraignment
Siegel, L., & Worrall, J. (2017). Pretrial and Trial Procedures. In Introduction to Criminal Justice (15th ed., pp. 389-395). Wadsworth Pub
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
his/her own witness as well as a presentation of defense by his/her attorney in order to conflict
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness for the Prosecution” was the use of the adversary system. Both sides of the adversary system were flawlessly protrayed when the prosecution and defense squared off in the courtroom.
Both the defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence in favor of their case, cross-examine witnesses and offer closing arguments. During the deliberation phase of the case, the jury decides whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. If the jury finds joe not guilty, you are free to go and not subject to further prosecution based on the same offenses.
A jury trial is not to be confused with a bench trial as it often times is. While a bench trial takes places only in front of a Judge who is then tasked with coming to a verdict on his/her own, a jury trial is one that is “composed of members of the community present at the trial to act as the finder of fact” (McGuigan, 2014). The constitutional trial rights that are sanctioned throughout a jury trial is called a trial by jury. This is in the sixth amendment which says that everyone has the right to a fair and speedy trial by an impartial jury. The steps involved in creating a jury for the purpose of carrying out a jury trial will be expressly addressed in this paper. Furthermore, the purpose of this paper will be to discuss, in detail, the steps that are involved in a jury trial which include selection of the Jury, the trial, the Judge’s charge, deliberation, and the verdict.
Both the federal government and states have authority to prosecute for criminal behavior in the United States. Each has their own criminal statutes, court systems, prosecutors, and police agencies to help deter crime. These criminal statutes control how suspects are investigated charged and tried. The court system institutes rules and policies that consist of their own structures and procedures within each state. Prosecutors are the most powerful and influential representatives of the court system. Sometimes a case can begin in a lower court then work its way up to a higher court depending on the crime. The law enforcers are made up of small town police officials and go all the way up to large federal agencies.
The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process.
Next, comes prosecution of the defendant by the state attorney, then incitement, the filing of information by prosecution to decide whether to proceed to trial. Followed by arraignment, which is the plea of guilty or not guilty, pretrial detention, plea bargaining, trial, and sentencing (Process of Criminal Justice). For O. J. Simpson, this process started with the investigation of the murders of Nicole Brown Simpson and Ronald Goldman. The same day the bodies were discovered, Simpson flew back from Chicago to Los Angeles. Upon his arrival, authorities took him into custody and began their questioning.
The judge was referred to in your honor by the counsel, the accused and the prosecution. Additionally, there was the judge’s associate whose duty was to swear in the jury, keep the trial exhibits during the court proceedings and record the court verdict at the end of each trial. There was also the judge’s tipstaff, whose job was to announce that the court was in session as well as swear in witnesses. However, the most important duty of the tipstaff is to take care of the jury and escort them out of the courtroom. I learned that the jury selection process is called Venezuela....