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Jury Trial Analysis

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Jury Trial Analysis
Alex G Neville
CJA/364
11/30/2014
Jonathan Sperling

Jury Trial Analysis
The process of the courtroom trial serves as the backbone of the criminal justice system. With its various processes and integral steps to ensure that justice is carried out and the truth is finally founded in an open courtroom. It is also pivotal to the maintenance of the order and structure of not only the criminal justice system, but society itself.
Opening Statements
Opening statements are an introductory statement made by attorneys for each side at the start of a trial. The statement while not mandatory is seldom waived, due to its invaluable opportunity to provide an overview of the case to the jury and to explain the anticipated proof that will be presented during the trial. It is also an excellent opportunity to also gain a foothold within the jury to either establish the defendant’s guilt or innocence, or to establish reasonable doubt within the minds of the jury.
Presentation of the Case
Witness Examination is the process the immediately follows the opening statement. The prosecutor begins examination of their witnesses. This is the prosecutor’s, initial step in attempting to prove its case. The amount of time during this process varies greatly. During this the prosecution can introduce evidence from the crime scene.
Following the prosecutions examination of its witnesses, the defense has the opportunity to cross examine or question the same witness. The object of cross examination is to discredit the witness the witness or to create doubt in the witness or the evidence. After the cross by the defense the prosecution has the opportunity to ask the witness final questions, to clarify any confusion or doubt for the jury. This is called redirect examination or redirect for short. Once the entire questioning process is done the prosecutor rests his case. After the prosecution rests, no more witnesses can be called to stand or evidence introduced on the prosecutions behalf.
After the prosecution rest the defense immediately goes into the process of introducing witnesses and evidence to the jury. The defense also has the option of not having the defendant testify. There is no burden of proof for the defendant to prove his innocence, the burden of proof falls solely on the prosecution to prove his guilt. The defendant can also ask for a mistrial if the feel that the prosecution has not presented a strong enough case with viable evidence against their client. The decision to put on a defense is solely up to the defendant and the defense attorney. However, the defense usually presents its own version of the case.
Closing Arguments
Closing arguments are the final opportunity for the prosecution and the defense to talk to the jury. This opportunity allows the attorneys to reinforce their cases and to create doubt about their opposition’s case. Closing arguments are the final hooray by the lawyers to turn the jury’s decision into their favor. They often make grandiose and impassioned pleas that emphasizes the defendant’s guilt or innocence and try to curry favor from the judge and jury. Jury Instructions, Deliberations and Verdict.
After closing arguments, the judge give the jury his final instructions. The jury instructions are a set of legal rules that jurors should follow when deciding a case. The instructions are given to the jury by the jury instructor, who usually reads them aloud. They are often the subject of discussion of the case, how they will decide who is guilty, and are given by the judge in order to make sure their interests are represented and nothing prejudicial is said.
After receiving the instructions the jury are released into a secluded area where they can deliberate and ponder the evidence of the case. They discuss the findings of the case amongst themselves and if they have a question they can ask the judge. After careful deliberation the jury reaches a decision of guilt or innocence, and if a decision cannot be reached this results in a hung jury.

References http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryinstruct.html http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/pretrial_criminal.html

Footnotes
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