...Jury Selection, Trials and Constitutional Rights The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. The following step once the jury is selected is the opening statements. The prosecution and the defense each have an opportunity to present their case to the jury. Although, no...
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...Jury Trial Analysis The jury selection process is a significant portion of the trial process. Jury selection ensures that courts maintain proper Due Process and comply with constitutional guidelines. Furthermore, it gives lawyers the ability to evaluate the people in the jury and determine how they would feel about the case. The trial process branches out into six steps: jury selection, opening statements, presentation of evidence, closing arguments, charging of the jury and deliberation of jury. Throughout the process of jury selection, potential jury is based on a process names an voir dire; otherwise known as committing to telling the truth. During voir dire, potential jurors are included in the case or eliminated from the jury. Potential jurors are required to answer a series of questions concerning their personal bias regarding the case. The series of questions help determine if any of the potential jurors have had previous exposure to the context of the case, or a personal connection to the actual trial. If a lawyer can conclude based on the questioning, that the juror may be biased, they have the ability to challenge their position on the jury. Voir dire will be further examined in order to discuss how an unbiased jury is prepared for a trial. Normally twelve jurors are than selected with two being selected as alternates. Both sides of counsel (Defense and Prosecution) are given the chance to question or challenge each juror before their acceptance or rejection as potential...
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...Jury Trial Analysis CJA/364 October 13, 2013 This paper will be about Jury Trial Analysis. I will give a analysis in which the paper I will identify and discuss the steps in a jury trial. In the paper analysis it will be quite clear or the assess the constitutional trial rights that are enacted during a jury trial, as well as examine and discuss the selection of a fair and unbiased jury. In any criminal cases or a case that requires a jury; jurors are selected for a courtroom from the pool of available jurors. This is called Selection of jury, which is the first step in a jury trial. The judge and attorneys question the jurors in a process called voir dire, which means “to speak the truth”. This determines if any juror has a personal in the case, a prejudice or bias that wrongly influences the him or her as a juror. The attorneys may challenge some jurors and ask the court to excuse them from that particular trial. There are two types of challenges that attorneys uses during questions for a selection for a potential juror. The challenges are, challenge for cause and peremptory challenge. Peremptory challenges are limited in number and challenges for cause have an unlimited number. The second step is, the opening statements. This is when the attorney of plaintiff and the attorney for the defense outline the proof to be presented to the jury during the trial. Opening statement are not evidence, only expectations of what each attorney expects the evidence to prove. ...
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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...
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...Jury Trial Analysis CJA/364 Jury Trial Analysis In the United States citizens are given certain rights when they are accused of a crime and are facing a trial. They have the right to a speedy trial, this it to avoid a person being charged with a crime them spending a prolonged period incarcerated prior to conviction. They have the right to an impartial jury. Jurors are interviewed by both the prosecution and the defense to endure that the defendant is not known to them and that if the potential jurors do have any knowledge of the crime, gained via the media or sources other than personal knowledge. Defendants are also entitled to an impartial judge. Judges are held to a higher standard that than of people in other jobs. They are required to put aside personal opinions and make decisions based solely on the facts as they are presented in court. The Right to a Speedy Trial The Sixth Amendment to the United States Constitution guarantees a person accused of a crime the right to a speedy trial. The Founding Father of the United States added this amendment to the Constitution for two reasons, ("The Free Dictionary", 2014). First they wanted to prevent those accused but not yet convicted of crimes from spending a long period of time incarcerated when they have not been found guilty of it yet. The second reason was the fear that if the trial was delayed the memories of witness could fade, witnesses themselves could disappear, and evidence could be lost. While both...
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...Individual Jury Trial Analysis Brad Phillips October 16, 2013 In the United States criminal justice system, there is a process that must be followed in order to not only charge a person with an offense or crime but also in order to submit that person to a criminal court trial. When an individual is charged with a crime there are steps that a law enforcement officer must take in order to make a legal arrest but the process does not end at that point as there is also significant steps that must be taken before a jury trial begins. Each of these steps is significant and vital to the criminal justice system as they each protect against corruption, abuse and violation of individual rights. After examining each step on its own merit it is much easier to observe how each of these steps plays its role apart and in relation to the other steps in the process. The first step in the jury trial process is the act of initiating a trial. This is the step in the process wherein a hearing is held to determine the specifics of the trial. The judge will determine if the defendant is competent to stand trial and also rule on any pretrial motions that have been made. In addition, if the trial is taking place in a state that has Grand Jury requirements, it is during this phase that the Grand Jury meets to decide on evidence and if there is sufficient justification for the trial to continue. The second step in a jury trial is the selection of the jurors. This is not always the next...
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...The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial Criminal procedure is the process of investigating, prosecuting, and punishing crimes (Scheb & Sharma, 2013). Criminal procedure includes law enforcement activities, including the arrest, interrogation, and identification of suspects. Criminal procedure also involves a process of criminal trial, in which a person is tried for their crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic...
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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....................................................................................5 1.4 Research Questions.......................................................................................................6 1.5 Significance of the Study..............................................................................................6 2.0 Methodology/ Research Design.....................................................................................6 2.1 Sampling Design............................................................................................................7 2.2 Sample Size....................................................................................................................7 2.3 Data Collection and Analysis.........................................................................................7 2.4 Validity and Reliability..................................................................................................8 2.5 Skills Required...............................................................................................................8 3.0 Time Plan.......................................................................................................................9 4.0 Conclusion.....................................................................................................................9...
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...Defiance Of course, one of the famous, attractive and effective movies, which illustrate jury trial system in the US, is Twelve Angry Men (1957). American Film Institute revealed that the movie was the second best film in the Court Drama genre (AFL’s 10 Top 10). Exploration of this film, when jury trial does not happen in Islamic Court, deeply influenced the concepts such as the true judgment and justice in my mind as a Muslim. This paper is aimed to discuss and analysis several instances of defiance behaviors, which are displayed in the movie. It also considers strategies groups utilize to extinguish defiance in each instances of defiance. The first scene; all jurors sat around the table exception for the foreman who concerned to keep formal procedure in the group. He mentioned if all jurors get a unanimous verdict, the defendant would charge mandatory death sentence. He started to count the votes “guilty”, while jurors were raising their hands. Juror number 1, 3, 4, 7, 10 and 12 quickly put up their hands but jurors 2, 5, 6, 11 and 9 raised with slightly pause. Juror number 8 was the only person who believed the boy is not guilty and he had not been conceived to put someone into a death sentence:”It's not easy to raise my hand and send a boy off to die without talking about it first...We're talking about somebody's life here. We cannot decide in five minutes.” Certainly, it would be hard to become alone against the group. The juror number 8 is the first...
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....................................................................................5 1.4 Research Questions.......................................................................................................6 1.5 Significance of the Study..............................................................................................6 2.0 Methodology/ Research Design.....................................................................................6 2.1 Sampling Design............................................................................................................7 2.2 Sample Size....................................................................................................................7 2.3 Data Collection and Analysis.........................................................................................7 2.4 Validity and Reliability..................................................................................................8 2.5 Skills Required...............................................................................................................8 3.0 Time Plan......................................................................................................................9 4.0 Conclusion.....................................................................................................................9...
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...defense attorney, prosecutor, and judge are three of the most important positions involved in this process. The roles of the prosecutor, defense attorney, judge, and other members of the court are examined. You learn about the options that judges consider when determining punishment. You also explore the premise of determinate and indeterminate sentencing and how it affects the actions of the court. The differences between the federal and the state courts and between adult and juvenile court systems are another important aspect of this week. You discuss the various steps during the pretrial process, jury selection, and trial, as well as the process of plea bargaining and its value in the criminal justice system. Discussion of a Key Point, Thread, or Objective While reading the assigned chapters, consider the rights of the accused, such as the right to a speedy trial, legal counsel, and the right to know the charges. How do these rights factor into how the...
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...crime may bargain with the prosecutor to receive a lesser punishment. Typically, the accused person will plead guilty, sometimes to a lesser charge than the original one (to manslaughter rather than murder, for example). As stated by the Boston College Law Review, the U.S. Supreme Court estimates that at least ninety percent of criminal convictions are based on guilty pleas. Typically, defense counsel and the prosecutor negotiate the charges to be brought. If the bargain pertains to the sentence to be meted out, a judge may also participate unless barred from doing so. The main purpose for plea bargains is this process saves the government the time and cost of a jury trial in exchange for a reduced sentence. Defendants who plead guilty as part of a plea bargain give up three constitutional rights: the right of trial by jury, the right to confront and question one's accusers, and the right to refuse to incriminate oneself. However, it can speed up the criminal justice system, and an accused person can get a lessor punishment. The two types of plea bargains are explicit plea bargains and implicit plea bargains. Explicit plea bargains are those in which some concession has been granted to the defendant in exchange for his or her agreement to a guilty plea....
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...desire to create efficiency, calculability, predictability, and control in the processing of defendants, and that reform should work to balance the power between the prosecutors and defense team.” (Bowen) Each reviewed author had a little different way to achieve that balance. Uviller (2004) thinks that the system should resemble at factory type approach. The first stage is the charging stage. The case enters the system and is reviewed for the most obvious, easy to prove, and reasonable charges. It then would move to the adjudication. In this stage the negotiating attorney would attempt to make a deal with defendant in order to get a guilty plea. If a deal cannot be reached, the case would then be transferred to the trial team in preparation for a trial. Bibas (2004c) proposes that best way to reform plea bargaining would be to create a balanced system that increases the power of the defense team without taking power from the prosecutor. He also argues that the reform process should not create alternative systems or completely eliminate plea bargaining. Wright and Miller (2002) suggested and proved that more emphasis...
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...Bargaining Glenn Friedlander CJA/224-Introduction to Criminal Court Systems October 22, 1013 Deborah Carr Plea Bargaining Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011). This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off based on the charges he or she is being charged with and the evidence against them. More often than none, the defendant’s attorney is highly aware of the possibility of losing the case based on the results of the investigation that was conducted after the crime was committed. This process is also designed to save tax payers money by avoiding a lengthy trial that was probable based on the crime committed. Charge Bargaining This is a process in which the prosecutor can negotiate with the defendant to make it seem like the prosecutor is on the defendant’s side. This is done by telling him or her they will avoid adding additional charges if the defendant chooses to plea bargain with the prosecutor at that particular time or whichever time the prosecutor provides for the defendant to discuss the options with...
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