Steps in a Jury Trial
According to the legal system, there are eight steps in a jury trial. These steps took several years to be put in placed around the country. The eight steps are the “selection of the jury, opening statement of both sides, presentation of evidences and witnesses, closing statement of sides, jury instructions, deliberations, verdict, and sentencing” (Zalman, 2011, p. 35). The first step of the jury trial is the jury selections, which is extremely beneficial to help, determined which jurors should severed on this jury. Both sides allowed examining all of the jurors to determine if there any difference in interest. This process known as “voir dire” (Zalman, 2011, p. 38).
During openings statements, typically the prosecution would go first, to outline their case to the jury. Then the defense will then summarize their case to the jury. Each team usually offers a different interpretation of events, which then the jury will have to listen to the evidences and witnesses during the jury. It extremely useful for “juries to know that any and all opening statements are not consider actual evidences in the case, but it is only an outline as to what each side are going to present to the jurors” (Waksman, D.M., & Goodman, D.J., 2010, p. 41).
Then the next step is the introduction of evidences and witnesses in the case. Usually, the prosecution team would go first in a criminal case. However, if it were a civil case, the defendant would go first. The case would then present to the jurors usually substantial evidences, witnesses, and victims statements. As each witness called, the other side also gave the opportunity to do a cross-examination. Any evidences presented by either side, but be introduced into evidence, which would then be given a number assigned by the clerk. The defense team also gave the opportunity to present their witnesses and evidences thoroughly. When both sides done, the each side would rest their case.
Then both sides gave the final opportunity to present closing arguments. This would allow each party to view and to summarize on things that considered favorable to their case. The will also try to discredit the other party’s position as well. Each side must try to prove to the jurors that reasonable doubt does not exist in this case. Each side would attempt to present information in attempts to explain the other side is not all true in the case.
Once the closing statements made by both sides, the judge in the case will provide instructions to the jury. These instructions include in explaining the laws that involved in this case. The jury will also be advised to use only feasible facts and evidences that presented in the case. Instructions as when the defendant does not want to testified in his or her defense. The judge will also issue ant instructions as to speaking about the case outside of the jury room, in the process of social networking, news media, and reading newspapers or television.
The following process is for the juries to deliberate, which the juries will consider the facts and evidence among themselves. The jury will select a jury supervisor, who will explain the direction of the judge. This process typically done behind closed doors and in private. This process will allow the juries to decide if the defendant is guilty or not in this case, by reviewing all of the facts, and evidences in the case. Some cases are speedy and over with in matters of hours. Some cases do last for several weeks or months. The jury supervisor can call for a poll to see how many juries think the defendant is guilty or not guilty. The voting process usually did by paper and not by raising yours hand. Once the jury reaches a decision, the supervisor will then will have the juries sign the verdict form and request for the bailiff.
The judge will then have the clerk notified both sides to let them know a verdict has been reached and that both sides are summon to court. The defense team and the defendant will then stand up as the verdict read by the jury supervisor. If the jury does not give a verdict, the judge in the case can called for a mistrial if the judge believes that something went wrong with the process. If the accused found guilty, the defense will advised the court that it would appeal the case to the next level of the legal system. After the verdict read a couple of months or weeks gone by the defendant called back in to court to face sentencing. This process called the sentencing phase, in the trial.
Constitutional Trial Rights
When it comes to conducting an inquiry, this process can be extraordinarily difficult because have to verify that the criminal procedures are being followed by everyone. This allows the system to be honest and impartial toward the defendant. This also protects the rights of the defendant as well in the criminal process. Many people are not aware that the “defendant has the right to be present at the trial under the sixth amendment of the United States Bill of Rights (Waksman, D.M., & Goodman, D.J., 2010, p. 41). This guarantees that the respondent trial will not be done in private but open to the public. This also allows the defendant to call his or her own witnesses and evidence in the case that is against them.
Another thing that given to the defendant is the right to due process, which granted under the “fifth and fourteenth amendment of the United States Bills of Rights” (Waksman, D.M., & Goodman, D.J., 2010, p. 41). This ensures that the defendant given a fair trial and that the defendant given notices of such trial. The defendant will also be granted the right to present his or her own witnesses and or claim in the case. The court will also ensure that the defendant protected from prosecutorial negligence or misleading information. The defendant granted the right to conduct cross-examination of witnesses or victims in the case. The defendant granted the right to remain silent in the case, which protected by the Fifth Amendment.
Under the United States Constitution, the bill of rights gives everyone some basic rights that cannot be taken away by the government. These rights ensure that all defendants are given a fair and impartial jury. Even knowing the “jury selection process is so difficult, it is extremely essential that it follow the voir dire process” (Zalman, 2011, p. 47). This process allows both sides to question prospective jurors by review each jurorâ€™s qualification and suitability. This process helps to ensure that the jury remains fair and impartial. The examination will include questions to see if they are bias. They also will see if there any connection between all parties that are involved in the case. A system that was created to ensure that fair and impartial jurors could be selected to serve in this trial.
Every defendant is granted the right to a trial by jury, which means a trial to be judged by its own peers. This system is granted to the people of the United States of America as a fundamental right under the Constitution and Bills of Rights. If people are not aware of their constitutional rights, then the government can abuse these rights. This is why it extremely crucial for people to understand their rights that are granted to them by the United States Constitution and Bills of Rights. The legal system has shown over the years to be one of the actual legal processes around the country. This system is setup to help determined a person quilt and hopes that it can prevent an innocent person from being found guilty. This does happen, but not mere offend, which is known as procedural misconduct. If this process not followed, it could mean the difference between convicting an innocent individual and setting a guilty individual free.