JUS 325 MODULE 8 BENCHMARK-CRIMINAL TRIAL ESSAY – FINAL DRAFT

Running head: CRIMINAL TRIAL Criminal Trial Blanca G. Santillan Ramos Grand Canyon University: JUS-325 December 6, 2018 1 This study source was downloaded by 100000831988016 from CourseHero.com on 05-02-2022 06:34: ...

Running head: CRIMINAL TRIAL Criminal Trial Blanca G. Santillan Ramos Grand Canyon University: JUS-325 December 6, 2018 1 This study source was downloaded by 100000831988016 from CourseHero.com on 05-02-2022 06:34:30 GMT -05:00 https://www.coursehero.com/file/37977705/T8-BENCHMARK-Criminal-Trial-Essay-Final-Draftdocx/ Criminal Trial Introduction The basic principle which the criminal justice system follows today corresponds with what is lawful and unlawful. Our founding fathers established these guidelines to govern the criminal justice system to be ethically and morally correct. This coincides directly with individuals who receive different types of punishments for crimes they commit. Depending on the severity of the crime the individual can either sustain a serious or light sentence. Standing An individual will know whether they have standing to appear in criminal court if the plaintiff demonstrates that the defendants “action will cause the plaintiff physical harm” (Lahav, 2018, p.828). This is important because the plaintiff is bringing a lawsuit on the defendant due to having the “legal right to sue” (Lahav, 2018, p.828). This paper will address the pre-trials procedures, the steps of a trial and the appellate procedures for criminal cases. Pre-trial Management Procedures Notice According to Aradi (2004), courts will provide a “fair notice to citizens” that will specify a trial date, so the defendant can appear in court (para 6). The notice also services to be informative because it explains to the defendant of the “type of conduct the statute prohibits” which they violated and are being charged for (Aradi, 2004, para 6). This is extremely important because if the defendant does not receive formal notice he or she is unable to attend the trial and adequately prepare for his/her defense. Right to Counsel Due to the “ratification of the Sixth Amendment in 1791”, every individual has the right to an attorney whether they are guilty or not guilty to defend him or her at trial (Thomas, 2017, 2 This study source was downloaded by 100000831988016 from CourseHero.com on 05-02-2022 06:34:30 GMT -05:00 https://www.coursehero.com/file/37977705/T8-BENCHMARK-Criminal-Trial-Essay-Final-Draftdocx/ Criminal Trial p.1755). If the defendant is unable to “employ counsel”, it is the “duty of the court” to appoint an effective counsel that will win his or her case (Thomas, 2017, p.1756). This is one of many laws that is governed under the due process clause the ensure every individual receives a fair trial. Termination of Proceedings There has been a fair amount of criminal cases that have resulted in termination of proceedings. According to Koriakin (2018), termination of legal proceedings only occurs when there is not substantial evidence to support the charges or allegations against the defendant and or “the criminal case primarily [has] “no victim in the case” (p.67). This will then allow for the defendant to walk free and have the case dismissed. Steps of a Trial Opening Statement The prosecutor will provide the jury with a statement at the beginning of trial in which they tell the story of the case and describe evidence that will be presented. They also describe a “road map” that each attorney hopes to reach and outlines how she or he plans to reach it. The defense attorney then can make their opening statement next or can reserve its opening statement until after the prosecution has presented its case. Direct Examinations The prosecution will call a witness or expert witness “to the stand to testify in court” against the defendant (Zhao, 2017, para. 1). They will ask several questions to clarify evidence obtained or for a better explanation on the events that happened which has brought them to court that day. There witness will serve as credibility to their overall argument against the defendant that will help in determining the defendant guilty. Cross-Examination 3 This study source was downloaded by 100000831988016 from CourseHero.com on 05-02-2022 06:34:30 GMT -05:00 https://www.coursehero.com/file/37977705/T8-BENCHMARK-Criminal-Trial-Essay-Final-Draftdocx/ Criminal Trial After the prosecution has examined their witness who they called to the stand to testify, the defense attorney has the right to “interrogate and cross-examine” the prosecution witness or expert witness (Zhao, 2017, para. 1). When doing so they can assess some inconsistencies that they may have said earlier to the prosecution and have it noted, which also allows for the jury to question their credibility. Jury Instructions Before the jury can begin their deliberation, the judge will give the jury a charge that sums up the case and instructs the jurors on the rules of the law that apply to the issues in the case. The judge will also begin by explaining “basic legal principles”, such as the need to find the defendant guilty “beyond a reasonable doubt” (Aradi, 2004, para. 15). Jury Deliberation The jury will then begin their deliberation that will narrow to the specific of the case at hand and be asked to “be impartial to their decision” and “allow for only the evidence to persuade their decision” on the verdict (