StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

The Trial Process - Essay Example

Cite this document
Summary
Name: Course: Date: The trial process The legal trial process involves various components, set as a procedure that is systematically followed from the time the trial starts up to when a verdict on such a case is given. The actual procedure starts when an individual is arrested, or when charges are filled for a warrant (Zuckerman, 2012)…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.9% of users find it useful
The Trial Process
Read Text Preview

Extract of sample "The Trial Process"

Download file to see previous pages

The statements made during the opening statement are not to be considered as part of the evidence. Rather, they serve to build a connection between the two sides to the case and set straight the plot that the case is going to take, while trying to influence the juries with the arguments and the evidence available. Even though there is no argument of the case at this phase, the stage, as one of the component of the trial process serves to set the stage for the actual process of case trial (Wayne, 2003).

The next component in the trial procedure is the prosecution’s case presentation, where the prosecutor presents the evidence and all the information necessary to the case, in an attempt to prove that the defendant is guilty before the court (Sadakat, 2005). The prosecutor has to prove beyond a reasonable doubt that the defendant is guilty of all the charges aligned with him. If he fails to do this amicably, then the defense can request that the case be dismissed at this stage, without the need to proceed to offer the case defense.

If the prosecutor provides sufficient evidence to prove that the defendant is guilty, then the next stage follows. The next component of the case is the direct and the cross examination of witnesses. Under this component, the witnesses are sworn under oath to give true and only facts regarding the case. Each side to the case will then examine the witnesses through a question and answer session, where the counsels of both sides asks the witnesses questions to unearth some facts and prove the allegations already given (Zuckerman, 2012).

During the cross examination, all attempts are made to indicate the inconsistencies and the loopholes that are left unsealed by the witness testimonies. The need for this component as part of the trial process is to have each side to the argument discredit the other, based on the testimonies given (Wayne, 2003). The next component that follows is the defense’s case, where the counsel representing the defendant will present their case, indicating how the case presented by the prosecutor does not qualify to make the defendant guilty before the court (Zuckerman, 2012).

The defense can also seek to show the court that the prosecutor lacks sufficient evidence to prove the case against the defendants. In doing this, the defense counsel may cite the weaknesses made by the witnesses during the testimony session. The need for this component of the trial process is to indicate how the prosecution’s evidence fails to meet the threshold of conviction that the defendant is guilty. At this stage, the defense calls their witnesses who also give the testimony, opposing the guilt of the defendant.

After the defense makes their case, the prosecution can react to this, though only in relation to new suggestions that defense has noted which were not addressed by the prosecution (Sadakat, 2005). The next component of the trial process that follows is the closing argument. Here, the prosecution presents their final arguments, addressing any relevant details to the case that they could have forgotten, in a summary manner. This is followed by the closing arguments given by the defense, summarizing their main points and giving any relevant information they could have skipped during the preceding stages (Wayne, 2003).

Of importance is

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Trial Process Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
The Trial Process Essay Example | Topics and Well Written Essays - 750 words. Retrieved from https://studentshare.org/law/1448470-trial-analysis
(The Trial Process Essay Example | Topics and Well Written Essays - 750 Words)
The Trial Process Essay Example | Topics and Well Written Essays - 750 Words. https://studentshare.org/law/1448470-trial-analysis.
“The Trial Process Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1448470-trial-analysis.
  • Cited: 0 times

CHECK THESE SAMPLES OF The Trial Process

The issue of lurking doubt

The decision on whether the lurking doubt test should be consigned to history or still be used is based on the court itself and the trial jury.... The decision on whether the lurking doubt test should be consigned to history or still be used is based on the court itself and the trial jury....
6 Pages (1500 words) Essay

Civil Liberties

According to the Sixth Amendment, accused persons have the right to be tried in a speedy manner, which will avoid delays in The Trial Process.... This amendment has had an impact on The Trial Process; as it has ensured that accused persons have the right to access the services of a Counsel during their defense.... In addition, the amendment stresses the need for having a jury that is not partial conducting the trial.... This amendment has a clause that also prohibits the government from engaging in confiscation of property belonging to citizens, facilitating the detention of people, or even facilitating their execution when the process is not followed....
3 Pages (750 words) Research Paper

Geder Inequality in Victorian Period

Summarize the article and explain why Stevenson believes that Victorian stereotypes and expectations of feminine behaviour have had, and continue to have, profound implications for the ways in which women today are regarded in The Trial Process. 1.... Stevenson in his article tried to show that Victorian stereotypes as well as the expectation of female behavior have influenced the ways in which women today are regarded in The Trial Process.... These usefully present not only an impression of the operation of certain underlying social codes and norms, but also of the insidious nature of many rape myths, demonstrating how they might have become embedded in The Trial Process....
4 Pages (1000 words) Book Report/Review

Diminished Capacity Defense

It would also be pertinent to have an expert on the effects of steroids as a defense witness during The Trial Process.... A person with diminished capacity is one who suffers from mental deficiencies that prevent them from being able to commit the crime they are accused of.... In diminished capacity cases, the defendant is typically convicted of a crime that is lesser than the one they are accused… With insanity, the defendant can be found not guilty by reason of insanity and be sentenced to a mental institution, while a person with diminished capacity can still be found guilty, but just to a lesser offense Diminished Capa Defense Background A person with diminished capa is one who suffers from mental deficiencies that prevent them from being able to commit the crime they are accused of....
1 Pages (250 words) Essay

Seminar in criminology Discussion 5

For counsels who advise suspects not to show up to court so that they delay The Trial Process makes it hard for the suspect to become eligible for future pre-trial releases.... The system allows the judge to inform defendant whether he or she is eligible for a release that comes prior to the trial.... The system allows the judge to inform defendant whether he or she is eligible for a release that comes prior to the trial.... Defendants from lower socioeconomic levels are not likely to benefit when the judge decides that they should post bail, if they want get released prior to a trial....
1 Pages (250 words) Essay

Disadvantages of the Present Jury System

This will enable the jurors to interpret the law accurately … To reduce the cost that is incurred during The Trial Process, there is a need to reduce the number of appeals to one.... Moreover, the fact that the present jury system is composed of laypersons; this brings in issue of effectiveness during The Trial Process.... Also the jurors should be encouraged to help each other during The Trial Process.... It has also been found that, delaying the process because defendant choosing jury during trial makes the prosecution witness not to attend the trial....
2 Pages (500 words) Research Paper

The Use of Lurking Doubt Test

This is so even when The Trial Process itself cannot be faulted”.... The paper "The Use of Lurking Doubt Test" highlights that consigning the test to history would override the experience of the trial and appeal judges and vest authority only on the jury in the case.... The issue of lurking doubt was first brought to light by Lord Widgery in Regina v Cooper (1969),4 wherein the interest of criminal practice, stated that the court has, within, its powers, the right to interfere with a jury's working even if the trial has been impeccably conducted....
6 Pages (1500 words) Research Paper

Texas and The Death Penalty

The major issue surrounding the death penalty regards the fairness of The Trial Process, which leads to condemnation.... This has raised the issue of the appropriateness of death execution for punishing offenders since The Trial Process may result in conviction and murder of innocent individuals (“American Civil Liberties Union” Web).... Opponents of death penalties argue that some people may end up being killed while they are innocent if the trial is not fair or if the accused person's counsel lacks expertise....
6 Pages (1500 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us