Special Needs Prisoner Essay

1400 words - 6 pages

TRIAL 1The Process of a Trial by Jury<Your Name><Your School><Course Title><Instructor's Name>January 20, 2013AbstractA trial by jury is a fundamental part of the United States Constitutional justice process. It both establishes and upholds the rights of the accused, and seeks to determine the truth in the matter of guilt or innocence. Ideally this is done both correctly and without bias, however this ideal state cannot always be maintained. To help ensure these key factors as well as to establish a standardized format, there are several steps taken to safeguard the equitably of the trial.There are two sides to every criminal trial proceeding, both the prosecution and defense. Both of these two sides must spend time creating their respective cases, and in order to do that they both spend much time during the pretrial proceedings constructing their cases. It is usually during this time, that I pretrial hearing is held. In keeping with the fourth amendment of the Constitution, the pretrial hearing should be held before grand jury. However, in recent times it has become more expedient to conduct a preliminary hearing which replaces the body the grand jury in order to allow a judge serve as the deciding body and pretrial hearing. In either case the evidence collected by both sides of the trial proceedings is displayed for the scrutiny of the deciding body. If it is decided that the case should proceed to trial, then a new fully formed trial must be established and executed with rapidity and impartiality so as to uphold the expedience of a trial that is a requirement of the Sixth Amendment (Davidson).Both of these practices have been viewed as valid in upholding the Fifth Amendment rights of the accused in cases of a criminal offense. In order to establish an unbiased decision in a criminal trial, and unbiased jury must be selected. Prospective jurors are selected from a random but mandated pool of citizens from within the district where the crime was alleged to have been committed. These juror candidates must submit to an on-site briefing on their duties and responsibilities as jurors.If they are called forth to sit in on a trial proceeding, there led to the courtroom where the trial is to take place. At this time, first the judge and then the trial teams may question the prospective jurors concerning personal information about their past to ensure that their decisions will not be swayed by any personal bias. The trial teams then also have the option to dismiss a select number of candidates without reason. Once the jury size has been reduced to the proper number and accepted by not only the trial teams but the judge as well, the judge then swears them in (Judicial Council of California).In the first stages of the trial, the jury must listen to each of the trial team's opening statements. This is like an introductory paragraph for both the prosecution and the defense, it allows them to highlight the points that they are...

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