Essay Procedural Steps in a Criminal Trial

Essay Procedural Steps in a Criminal Trial

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Every society is faced by a fundamental problem of achieving social control that protects people’s lives and properties as well as establishing desirable levels of order, accord, security and courtesy in the society. Societies, therefore, have developed informal methods of attaining this control where family structures, norms and religious precepts are included. Law is established in contrast as a formal method of social control. Law is then said to be a set of rules that is prescribed and implemented by government to regulate and protect the society. Certain forms of behavior are prohibited and penalties are imposed to those engaging in the barred conduct. The branch of law illegalizing those conducts is referred to as criminal law. In a democratic society, one is not convicted of a crime without committing an offence that is against the law and that provides for a penalty.
Criminal law provides substantive and procedural rules, both governing the criminal justice system’s operations. Substantive rules prohibit certain behaviors and define crime as well as establishing penalties and their parameter. Procedural rules, on the other hand, controls the enforcement of substantive law, determines guilt and the punishment to be imposed to the guilty. This paper explores criminal trial and the procedural steps in a criminal trial.
Criminal Trial
According to John (2010, p.16), there are basic procedural steps that are common to all prosecutions in a crime although some differ greatly among jurisdictions. Agencies enforcing law, arrests, cross-examine persons in custody and then conducts searches and seizures in every jurisdiction. This is followed by formal notification of the accused, the charges facing them and an opportunity is g...


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...010, p.713). The major include capital punishment, that is, a sentence to death, and corporal, which, inflicts to ones body, pain or injury. Cruel and unusual one provides for a physical beating as well as torture to a prisoner (John, 2010).
Conclusion
Crimes such as assaultive, sexual as well detention formed a stable base used to prosecute people whose behaviors offended basic norms of a society over the centuries. To cope with cultural needs of a society that is dynamic, law must be changed and enforced. There should also be fair administration of justice and processes that are orderly. To achieve this, honesty and integrity of authority occupants is a requirement. To maintain security and usefulness of law, confinement of the offenders must be ensured by the society.



References
John M. S. Criminal Law and Procedure, (2010). Cengage Learning. Belmont, USA.

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