Essay on Courtroom Procedures and the Role of the Prosecution
934 Words4 Pages
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their…show more content…
Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association). Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense
Homicide Trial Process Essay
Homicide Trial Process
The topic of capital punishment has been the subject of debate for many years as it should be on the minds of society. A society that seek to found justice for the victim who lost their lives at the hand of another human beings. The critics of capital punishment would argue that the government has over reached it authority and have sought to judge in God stead. However, the advocates of capital punishment will argue that many nations whether modern or ancient has used capital punishment as a method of justice.
As with any process that cannot be reversed there must be measured step to ensure that justice is rendered righteously. Therefore, its reasonable for a society such as the United States to have reliable recourse for determining the proper trial process for a homicide investigation. One will find it exciting to see a criminal apprehended, jailed, and then on to courts in what seem like a matter of days on the popular television shows.
However, in the real world the process is not as seamless and rapid one would observe on television. There are normally two trial for homicide cases, one for conviction and the second for sentencing. In this paper this author will explain the trial process for homicide investigation and the main stages of the trial . Moreover, the uniqueness of homicide investigations in relation to other crime that goes to jury trial will be examined. Lastly, an explanation to why all capital murder cases go to trial will be discussed.
After a person suspected of murder has been the trial process begin. During this stage the police will give the evidence they have complied to the prosecution. The prosecution will make a determination if the evidence is enough to charge the suspect. Furthermore, at this stage if the evidence warrants, the prosecution will decide on severity of the charge. According to Thomas Cohen & Brian Reaves(2006) in 2003, 61% of defendants who are charged with murder in large cities have additional felony charges filed against them by the prosecution(Cohen & Reaves, 2006 as cited in Davies, 2008). However, during this stage may determine that there is not enough evidence to obtain a conviction, and forego filing charges against the accused(Davies, 2008, p. 273). If there is sufficient evidence the accused will have their initial appearance before a judge within a 48 hours time frame.
As previous stated, during the this the initial appearance the accused will be brought before a judge in person or by remote vide, to be official advised of the charges they will face. Furthermore, during this time the accused will be assigned a defensive attorney if they are not financially able to hire counsel. The steps can vary from state to state.
When working with capital murder cases especially in state courts, pretrial release is improbable. Another part of ...
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