A jury trial helps to check or test out unfetthered prosecutorial power (Ward 83). Prosecutors must decide how and what to charge the defendant while considering that a jury will eventually decide their case upon presenting the evidence. In most cases, prosecutors have enormous powers when making a decision about charging a defendant with a criminal
Grand jury indictments will be presented by the prosecutors only when and if a criminal case has not been diverted, downgraded, or dismissed. In order to compose a Grand jury citizens are selected from tax lists drivers license and voters registrations. In order to formally charge a person accused of a crime a prosecutor’s evidence is evaluated by a Grand jury to determine if that evidence is enough to support the prosecutor’s decision. Many states utilize grand jury’s to proceed with criminal and federal investigations, these investigations play an important role in the criminal process working hand in hand with prosecutors to decide on whether the evidence that has been presented is enough to charge or indict a person. “Grand juries are typically made up of 16 to 23 people and every felony case must be indicted by a grand jury unless waived by the accused.
Judges are charged with hearing testimony, arguments and viewing evidence determining what is strong enough to support proof beyond reasonable doubt and passes judgment of guilt or innocents based on facts presented (Judges Role in Court, n.d.). Similarly, juries will take on the judge’s role in a trial by jury to determine proof beyond reasonable doubt of prove guilt or innocents. Judges in any case can remove testimony, statements or evidence from any portion of the trial if he or she feels it to be not in accordance procedure, not pertinent, bias, corrupt or weak. Last, once a defendant is convicted the
This essay will explain how the jury system and democracy are interrelated. It should also be considered whether juries are intended to be, or indeed whether it is possible to describe and define what the public conscience could be. This essay would include also the consideration of public opinion and concerns justifying the use of juries in criminal trials. A group of people (typically twelve in number) when take an oath to give a verdict in a legal case by analysing all submitted evidence in court room known as a jury member. The trial is a method of reducing complexity of any case to protect a fair and a neutral administration of justice between two parties to the action.
Their jobs see that people are granted the right to a trail by a jury of their peers, the right of innocent until proven guilty, the right to a speedy and public trial, and the right to remain silent (Klein, 2012). Lawyers are a necessary part of the criminal justice system. The next component of the criminal justice system is the court. These courts are ran by judges that make sure the law is followed and oversees what happens in the courtroom. The courts are put in place so that the judges can decide whether to release offenders before the trial, except or reject plea agreements, or sentence convicted offenders (Hoffmann, 2011).
The court system is the place aura of unlawful acts or affirmed law violations are made. The real parts of the court 's methodology are the prosecutor, the barrier attorney, the judge and the jury. To begin with I will clarify all the more as to the prosecutor. The prosecutor has three principle undertakings: to research criminal acts, to choose whether or not to impel legitimate processes and to show up in court. The prosecutor examines law violations together with the police.
At this hearing the judge is responsible for making sure that the defendant understands his constitutional rights, as well as what kind of penalties he will be facing for his crime. Once this is done he will have a preliminary hearing. Now a preliminary hearing is to determine whether the prosecutor has enough evidence to justify
A defendant is the individual that has been charged with a crime and is standing trial. A defendant in a criminal trial is usually under the custody of the justice system, having been arrested and escorted to the trial. It is up to the defendant to hire an attorney or his defense to represent him during the trial. A defendant is protected under the Constitution to have the right to have an attorney appointed to him if he can not afford one. When the Miranda Rights are read to one that has been arrested it states, “You have a right to an attorney.
The magistrates have set procedures in the way defendants are processed. The police view the defendants depending on the crime committed, frequency and behaviour. These findings give us an insight in how the police view different types of defendants. In these findings, the police do the court lists and they place them into two tiers. They calculate the time a case will take from past experiences, then they will determine that the shorter case be given priority over longer cases.
The use of the jury in some trials shows how the everyday atmosphere is brought into the courtroom. Jurors have a part in deciding the outcomes of cases and as a collective decide the extent of the harm in the case. They apply socially accepted norms to the courtroom when determining the enforceable situation of the alleged criminal (Garfinkel: 104). A juror is asked to be a blank slate when entering the courtroom. However, what needs to taken into consideration is the fact that each individual carries his or her own values, bias and beliefs in any situation.