CJA/364
June 10, 2013
Shane Krauser
This is a jury trial analysis paper in which I am to identify and discuss the steps in a jury trial. I will also discuss the constitutional rights that are enacted during jury trial. I will examine and discuss the selection of a fair and unbiased jury. There are seven steps in a jury trial and I will discuss them all throughout my paper. Step one in a jury trial is Jury selection. In this step about forty individuals are selected to be possible jury members. Each individual is questioned and examined so they can weed through and pick the ones that would fit this jury trial. This is to make sure the individuals are not prejudice, or related to or know the criminal. This process …show more content…
This process is where witnesses are called to give their statements. They are questioned and cross examined by all lawyers/attorneys. Cross examination is being questioned by each lawyer/attorney they may ask the same questions but in different words. The prosecutor is there to make the jury believe the criminal is guilty whereas the defense attorney is there to make the jury question if the criminal is really guilty. There are also three types of witnesses which are; ordinary witnesses, expert witnesses, and character witnesses. “Ordinary witnesses can testify only as to their personal observations. Expert witnesses, on the other hand, are allowed to offer their opinions in their area of expertise. Chartacter witnesses may testify only to the general good reputation of the defendant” (Zalman, …show more content…
The defense attorney says what he wants to say because the prosecutor has the last word in the process. The defense attorney is there for the criminal/defendant and to make the juries question all the evidence against the defendant. The prosecutor is there to give the last word in hopes that the jury can see the evidence for what it is. The fifth step is jury instructions. During this step the “judge instructs the jurors on the laws by defining and explaining the crimes charged, the rules of evidence (especially proof beyond a reasonable doubt), and the possible verdicts that are allowed” (Zalman, 2011). This is done so the jurors know what the laws are, so they don’t make any mistakes. The sixth step is jury deliberations and verdict. This step is to remind the jurors of the laws. Each juror is to decide if the defendant is guilty or not guilty on each charge. There may be only one charge, but there can be more. If there is five charges against the defendant then the jurors have to decide if the defendant is guilty or not guilty on each charge. They all have to explain why or why not they feel the defendant is guilty on each charge. The seventh step is postverdict motions. This is where the defense can file motions in behalf of the defendant. The defense can argue that the jurors could not have possible found the defendant guilty from the evidence