With enough evidence to charge, the prosecuting attorney files the complaint, the initial appearance usually within 24 hours of arrest, Preliminary Hearing, formal charge/s by indictment issued by a grand jury or information or filed by prosecution without a grand jury review. Then, Arraignment, Discovery or information exchange, any pretrial motions are ruled on next. (These could be Motions to Dismiss, Suppress, Change Venue, or Motion in Limine). A Pretrial Conference follows – the judge and parties discuss any remaining motions or problems and the judge will set how the trial will
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
First off, the settings in the movie are a great deal more fleshed out. In the play, the scene begins with the jurors regarding the judge's final statements concerning the case in the courtroom and then walking out into the jury room. In the movie, the audience is placed in the role of the invisible casual observer, who for perhaps the first 5 minutes of the movie, walks throughout the court building passing other court rooms, lawyers, defendants, security officers, elevators, etc. Not able to remember much about this particular part of the movie, I believe this introductory scene's purpose was to either enhanced the realism of the setting by emphasizing the court building's efficient, business like manner or to provide a timeslot in which to roll the credits for producer, director, stars, etc. The settings aren't only built upon through use of scenery and extras in the movie. Invisible and distant in the play, we see in the movie the judge, bailiff, those witnessing the trial and most importantly of all- the defendant. This is an important change because in the play, we are free to come up with our own unbiased conclusions as to the nature and identity of the defendant, whom we only know to a be a 19 year boy from the slums. Seeing his haggard and worn face in the movie changes all of that, yet for better or worse, it engages the audience deeper into the trial as they surely will sympathize with him and can gain some insight into why, later, Juror 8 does so as well. Of final note in this summary of points concerning the differences in setting, the jurors all mention the heat wave affecting the city when they begin, and as it agitates them, it serves to heighten the tension between each other and their resentment or other feelings towards jury duty. Oh- also lastly, I think we can infer that the movie takes place in Manhattan, New York City.
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
Then comes the investigation process. Officers try to sort through the evidence and come up with a solution or a suspect. Next comes the arrest or citation of an individual if the officer believes that there is enough facts and evidence to do so. If an officer does not find enough evidence or a suspect, the case remains open. After the arrest or citation comes the prosecution and pretrial. The prosecutor considers the evidence by the police and makes a decision whether or not to file charges against the accused. If charges are filed, the first court appearance is held. The accused will then appear in court and be informed of their charges and rights. The judge will then decide whether there is enough evidence to hold or release the accused. The judge can decide whether to hold the accused in jail or release them on
The manner in which each stage of the criminal justice process helps to build a successfully litigated action is to “develop legally admissible evidence to obtain and sustain a conviction of those who are guilty and warrant prosecution” (americanbar.org). This will enable the prosecutor to make a fair and objective determination of the charges and to shield against the prosecution of the innocent. The process starts with a crime, then an investigation, an arrest, and then a booking occurs. After a suspect is formally charged they make an initial appearance before a judge in which the suspect is notified of the charges brought against them. Next would be a preliminary hearing, an arraignment, a trial and if the defendant is found guilty then the next step is sentencing. There is a right to appeal that may be allowed and then, once the sentence is passed, the defendant starts the corrections/sanctions imposed by the court. Once a sentence has been fully served, the person is released; this is the final stage of the criminal justice process.
The stages of trial in the criminal justice system are not always as it is depicted in movies or television shows. According to the entertainment industry, there are two sides: good versus evil, and the story usually ends with an epic, jaw-dropping conclusion that finds the defendant guilty as in A Few Good Men. While that may be the case during some trials, the true beauty lies within the strategy of the prosecution and the defense. In fact, there is a distinct art that occurs at trial that takes a tremendous amount of preparation and knowledge to gain the upper hand. It is almost like a game of chess; each move most be well calculated and thought out because it can determine the outcome of the entire case. It is a mental battle between opposing counsels, where the one with the ability to think ahead often wins.
The criminal process starts with the discovery of a crime where either someone reports a crime to the police or the FBI, or law enforcement finds out of a crime on their own. Once authorities are notified, an investigation begins. They will attempt to gather enough evidence to charge and convict the suspect. An arrest is made once the enforcement agent has probable cause. To make the arrest, an arrest warrant is typically needed. If the enforcement agent is making an arrest without a warrant, a reason must be provided to the suspect unless the suspect is in the act of committing a crime or being chased. Once the arrest is made, the prosecuting attorney will review the evidence and make a decision on whether or not to charge the suspect. Within 24 hours of the arrest, the defendant makes their initial appearance in front of the judge. During this time, the judge will notify the defendant of their charges, appoint counsel and/or set the bail amount. After this process, the preliminary hearing happens. Prosecution has to prove that there is enough probable cause that the defendant committed the crime they were charged with. Depending on the outcome, an indictment or information may happen. Once this happens there is an arraignment. This is hearing where the defendant is read their formal charges. Following this the discovery process begins. This is where the defense and prosecution exchange
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.
There are several types of trials in our criminal justice system. Each different trial has its own objective or duty in our system. We are going to focus on criminal trials. It is important to understand what a trial is. A trial is when two parties gather in order to have a dispute. There is information presented that is called evidence. Evidence is anything that can be used to demonstrate the truth of an assertion. Evidence is materials or truth used to show proof. In the trial there are several characters to perform duties. The trial usually takes place in a court room before a judge and jury. The defendant is the person standing trial. He is represented by his defense. The prosecutor is the person who will try and prove the defendants guilt. There are witnesses that will be used as or to support evidence during the trial. The judge has help from a bailiff. There is a recorder to document everything that is said during the trial. I will go into detail each person’s job during the trial and what their duties consist of.
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
Before a trial can proceed, certain events must take place. The first is the arraignment of the defendant, which can happen anytime between arrest and a logical, non-specific time before the trial itself. Arraignment consists of the court reading to the defendant the substance of the charge, and calls on the subject to enter a plea within a given time.
At this time many choose to exercise their right to counsel if not sooner, but the right can be exercised as soon as the defendant is questioned about the crime. Right to Counsel states “every defendant who is unable to obtain counsel shall be entitled to have counsel assigned to represent him at every stage of criminal proceeding”. That includes the pre-trial. The rightDuring the arraignment, the defendant may not be present if he has been charged by indictment or misdemeanor, have a signed written waiver by both the defendant and defense, stating that the defendant received a copy of the indictment with the plea being not guilty, and that the court accepts it. After the arraignment, there is the preliminary hearing. During the preliminary hearing, it is up to the judge to determine if there is enough evidence in order for the case to go to trial. During this stage of the criminal procedure, the prosecutor can call on witnesses to testify, and also introduce
The judge went row by row and asked what the hardships were. It was evident that people were coming up with excuses that were not even logical to get out of this trial. I asked the bailiff if this happens all the time. He nodded and said, “ People usually do not want to sit in a serious felony cases and that is why they try to get out of it.” After hearing everybody’s excuses the judge and the attorney went back to the chambers and discussed about who should stay and who should go. It turns out people who cannot take off from work because they are the sole provider of the family, planned vacation that cannot be rescheduled or students who cannot miss classes, were taken off the case. The judge accommodated the people who were planning on missing just 1-2 days of the trial and the rest had no option, but to
Siegel, L., & Worrall, J. (2017). Pretrial and Trial Procedures. In Introduction to Criminal Justice (15th ed., pp. 389-395). Wadsworth Pub