Steps In A Jury Trial Law General Essay

Published Date: 02 Nov 2017

In today’s society, as a suspect, the courts believe the individual innocent till proven guilty by the court of law, and not the general public or social media. However, the importance of a trial by jury is that it allows all of the evidence, witness, victims, and the defendant to speak in court and to determine the defendant guilt. This is why, it extremely useful for any person to understand the basic court procedures and jury procedures. Also, it extremely beneficial to understand each step of the jury process, ensure that the defendant given a fair trial that does not consist of unfair and twisted juries.

Steps in a Jury Trial

According to the legal system, there are a total of eight steps in a jury trial. These steps took several years to be put in placed around the country. The eight steps are the selection of the jury, opening statement of both sides, presentation of evidences and witnesses, closing statement of both sides, jury instructions, deliberations, verdict, and sentencing. The first step of the jury trial is the jury selections, which is extremely beneficial to help, determined which juries should severed on this jury. Both sides allowed to examine all of the juries to determine if there any difference in interest. This process known as "voir dire".

During openings statements, typically the prosecution would go first, to outline their case to the jury. Then the defense will then summarize their case to the jury. Each team usually offers a different perspective of events, which then the jury will have to listen to the evidences and witnesses during the jury. It extremely useful for juries to know that any and all opening statements are not consider actual evidences in the case, but it is only an outline as to what each side are going to present to the juries.

Then the next step is the introduction of evidences and witnesses in the case. Usually, the prosecution team would go first in a criminal case. However, if it was a civil case, the defendant would go first. The case would then presented to the juries’ usually substantial evidences, witnesses, and victims statements. As each witness called, the other side also given the opportunity to do a cross examination. Any evidences presented by either side, but be introduced into evidence, which would then be given a number assigned by the clerk. The defense team also given the opportunity to present their witnesses and evidences thoroughly. When both sides done, the each side would rest their case.

Then both sides given the final opportunity to present closing arguments. This would allow each party to view and to sumarririzes on things that considered favorable to their case. The will also try to discredit the other party's position as well. Each side must try to prove to the juries that reasonable doubt does not exist in this case. Each side would attempt to present guidance in attempts to explain the other side is not all true in the case.

Once the closing statements made by both sides, the judge in the case will provide instructions to the jury. These instructions include in explaining the laws that involved in this case. The jury will also be advised to use only feasible facts and evidences that presented in the case. Instructions as when the defendant does not want to testified in his or her defense. The judge will also issue ant instructions as to speaking about the case outside of the jury room, in the process of social networking, news media, and reading newspapers or television.

The following process is for the juries to deliberate, which the juries will consider the facts and evidence among themselves. The jury will select a jury foreman, who will explain the direction of the judge. This process typically done behind closed doors and in private. This process will allow the juries to decide if the defendant is guilty or not in this case, by reviewing all of the facts, and evidences in the case. Some cases are speedy and over with in matters of hours. Some cases do last for several weeks or months. The jury foreman can call for a poll to see how many juries think the defendant is guilty or not guilty. The voting process usually done by paper and not by raising yours hand. Once a decision is reach by the jury, the foreman will then will have the juries sign the verdict form and request for the bailiff.

The judge will then have the clerk notified both sides to let them know a verdict has been reached and that both sides are summon to court. The defense team and the defendant will then stand up as the verdict read by the jury foreman. If the jury does not give a verdict, the judge in the case can called for a mistrial, if the judge believes that something went wrong with the process. If the accused found guilty, the defense will advised the court that it will appeal the case to the next level of the legal system. After the verdict read a couple of months or weeks gone by the defendant called back in to court to face sentencing. This process called the sentencing phase, in the trial.

Constitutional Trial Rights

When it comes to conducting a inquiry, this process can be extraordinarily difficult because have to verify that the criminal procedures are being followed by everyone. This allows the system to be honest and impartial toward the defendant. This also protects the rights of the defendant as well in the criminal process. Alot of people are not aware that the defendant has the right to be present at the trial under the sixth amendment of the United States Bill of Rights. This guarantees that the respondent trial will not be done in private but open to the general public. This also allows the defendant to call his or her own witnesses and evidence in the case that is against them.

Another thing that given to the defendant is the right to due process, which granted under the fifth and fourteenth amendment of the United States Bills of Rights. This ensures that the defendant given a fair trial and that the defendant given notices of such trial. The defendant will also be granted the right to present his or her own witnesses and or claim in the case. The court will also ensure that the defendant protected from prosecutorial negligence or misleading information. The defendant granted the right to conduct cross examination of witnesses or victims in the case. The defendant granted the right to remain silent in the case, which protected by the Fifth Amendment.

Jury Selection

The Constitution guarantees a defendant's right to a fair trial by a fair and impartial jury. The jury selection process is complex, and it accomplished through a process known as voir dire. According to Farlex, Inc. (2012), voir dire is "the initial examination of prospective jurors to verify their qualifications and suitability to serve on a jury, in order to ensure the selection of fair and impartial jury" (para. 1). Once the court summon a jury pool for jury duty, the judge, parties in the case, and the attorneys ask the potential jurors a series of questions to determine if there is any bias, any connection between them and the parties, counsel, or witnesses, or if there are any other reasons for exclusion from jury duty. "The purpose of voir dire is not to teach jurors but to allow the parties to select an impartial panel. Therefore, voir dire questions should test the function and competency of the juror without intentionally or unintentionally planting deleterious situation in their minds" (Farlex, Inc., 2012, para. 4). It is through this process that the most appropriate and impartial jurors selected.

Conclusion

The right to a trial by jury is a Constitutional right that has impacted the criminal justice system since it's enactment. It has become the most effective and effective legal way in determining an person's guilt. It is necessary to learn every aspect of the jury trial system. If this process not followed, it could mean the difference between convicting an innocent individual and setting a guilty individual free.