CRM105 | Criminal Justice | The Various Stages Of A Criminal Trial
Answer:
Introduction
The criminal procedure refers to the arbitration procedure of criminal law. Although criminal procedure varies intensely by authority, the procedure normally starts with the formal criminal charge with individual on hearing either being free on surety or imprisoned, and results in sentence or release of the offender. The trial is
considered as best part of criminal procedure, but it is only one of various stages of criminal matter.
In this report, the various stages of a criminal trial in American criminal justice system are discussed and examined.
Different stages of a criminal trial in American criminal justice system-
Voir Dire
Offenders have right to a hearing by jury in many criminal matters, including all trials in the state criminal system. A jury is usually empaneled just before starting of trial. The procedure of taking interview of future judges is known as voir dire. Both the prosecuting attorney and the defense can ask future judges questions to recognize probable prejudices or clashes of interest. Each sideways can ask court to strike future judges for reason (Rappaport, 2015).
Opening statements
Once a panel is set, each sideways can show opening statements briefing the matter that it means to exist.
Prosecution evidence and witnesses
The state shows the matter first. There is a burden of state to prove the guilt of defendant, involving all factors of the charged crime or crimes, beyond the practical suspicion. It may ask for witness and offer more evidences to meet burden of proof.
Motion for Directed Verdict
At end of case of state, an offender may move for directed verdict or a decision of release that asks the court to rule that evidence showed by state is not sufficient to bear a conviction.
Defense Evidence and Witnesses
The offender can show evidences and ask for witness to contradict the matter of state. The offender is not obliged to affirm, nor can the state call them as witness due to Fifth Amendment’s honor against self-accusation (Ruebner, 2016).
Closing Arguments
Each sideway can make ending arguments once it has ended showing evidences. The arguments summarize the matters and recognize flaws in arguments of rivals or evidence.
Jury Charge
The magistrate gives instruction to jury, known as jury charge, involving questions related to the factors of the charged offense. The state and offender can submit offered jury charges to court.
Jury Deliberations and Verdict
The panel retires to consider over evidences. In various matters, judges are confiscated during the time of negotiation, but normally they have instructions to not to argue the matter with others. The judges can declare injustice, in case where panel cannot reach common decision (Nadj, 2018).
Post hearing motion
If penal enters guilty verdict, the offender can bring post hearing motion, like motion for order of discharge or motion for new hearing. If the court denies post-trial motion of offender, offender can continue to appeal (Schmalleger, 2017).
Conclusion
As per above analysis, it can concluded that criminal procedure may be investigative criminal procedure or argumentative criminal procedure. Only some criminal cases present for hearing, Prosecuting attorney, and offenders reach request agreements, by which state might agree to decrease charge to fewer crime in exchange for plea. Thus, hearings must follow various procedures.
References
Nadj, D. (2018). International Criminal Law and Sexual Violence against Women: The Interpretation of Gender in the Contemporary International Criminal Trial. New York: Routledge.
Rappaport, J. (2015). Unbundling Criminal Trial Rights. The University of Chicago Law Review, 36(7)181-199.
Ruebner, R. (2016). Illinois criminal trial evidence. New York: Elsevier.
Schmalleger, F. (2017). Criminal justice. USA: Pearson.
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