Stages of a Criminal Trial in American Criminal Justice System

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This report discusses and examines the various stages of a criminal trial in American criminal justice system including voir dire, opening statements, prosecution evidence and witnesses, defense evidence and witnesses, closing arguments, jury charge, jury deliberations and verdict, and post hearing motion.

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Running head: REPORT 0
INTRODUCTION TO CRIMINOLOGY AND CRIMINAL JUSTICE
OCTOBER 12, 2018
STUDENT DETAILS:

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REPORT 1
Introduction-
The criminal procedure refers to the arbitration procedure of criminal law. Although
criminal procedure varies intensely by authority, the procedure normally starts with the
formal criminal charge with individual on hearing either being free on surety or imprisoned,
and results in sentence or release of the offender. The trial is considered as best part of
criminal procedure, but it is only one of various stages of criminal matter.
In this report, the various stages of a criminal trial in American criminal justice
system are discussed and examined.
Different stages of a criminal trial in American criminal justice system-
Voir Dire-
Offenders have right to a hearing by jury in many criminal matters, including all trials
in the state criminal system. A jury is usually empaneled just before starting of trial. The
procedure of taking interview of future judges is known as voir dire. Both the prosecuting
attorney and the defense can ask future judges questions to recognize probable prejudices or
clashes of interest. Each sideways can ask court to strike future judges for reason (Rappaport,
2015).
Opening statements
Once a panel is set, each sideways can show opening statements briefing the matter
that it means to exist.
Prosecution evidence and witnesses
The state shows the matter first. There is a burden of state to prove the guilt of
defendant, involving all factors of the charged crime or crimes, beyond the practical
suspicion. It may ask for witness and offer more evidences to meet burden of proof.
Motion for Directed Verdict
At end of case of state, an offender may move for directed verdict or a decision of
release that asks the court to rule that evidence showed by state is not sufficient to bear a
conviction.
Defense Evidence and Witnesses
The offender can show evidences and ask for witness to contradict the matter of state.
The offender is not obliged to affirm, nor can the state call them as witness due to Fifth
Amendment’s honor against self-accusation (Ruebner, 2016).
Closing Arguments
Each sideway can make ending arguments once it has ended showing evidences. The
arguments summarize the matters and recognize flaws in arguments of rivals or evidence.
Jury Charge
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REPORT 2
The magistrate gives instruction to jury, known as jury charge, involving questions related to
the factors of the charged offense. The state and offender can submit offered jury charges to
court.
Jury Deliberations and Verdict
The panel retires to consider over evidences. In various matters, judges are
confiscated during the time of negotiation, but normally they have instructions to not to argue
the matter with others. The judges can declare injustice, in case where panel cannot reach
common decision (Nadj, 2018).
Post hearing motion
If penal enters guilty verdict, the offender can bring post hearing motion, like motion
for order of discharge or motion for new hearing. If the court denies post-trial motion of
offender, offender can continue to appeal (Schmalleger, 2017).
Conclusion
As per above analysis, it can concluded that criminal procedure may be investigative
criminal procedure or argumentative criminal procedure. Only some criminal cases present
for hearing, Prosecuting attorney, and offenders reach request agreements, by which state
might agree to decrease charge to fewer crime in exchange for plea. Thus, hearings must
follow various procedures.
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REPORT 3
References
Nadj, D. (2018). International Criminal Law and Sexual Violence against Women: The
Interpretation of Gender in the Contemporary International Criminal Trial. New
York: Routledge.
Rappaport, J. (2015). Unbundling Criminal Trial Rights. The University of Chicago Law
Review, 36(7)181-199.
Ruebner, R. (2016). Illinois criminal trial evidence. New York: Elsevier.
Schmalleger, F. (2017). Criminal justice. USA: Pearson.
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