Preview

Jury Trial Analysis

Good Essays
Open Document
Open Document
956 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Jury Trial Analysis
Jury Trial Analysis
Fenisa Robinson
CJA-364
October 1, 2012
John Huskey Jury Trial Analysis
In the United States of America, the criminal justice system is based on the adversarial system or common law system. An adversarial trial allows the accused or defendant to be given a fair chance to prove his or her innocence. The Sixth Amendment of the United States Constitution states that the defendant is to be given a fair chance to oppose the prosecution, have witnesses to help with his or her defense, face and question the complainant, and for his or her case to be heard by a group of people who are unbiased and impartial. This group is known as the trial jury.
Jury Selection. To start the process of jury selection, a group of ordinary citizens are summoned to the courtroom by way of a juror summons that he or she has received in the mail. Once in the courtroom each juror must go through a process called voir dire. Voir dire is a questions and answers session that is facilitated by both the prosecutor and defense attorney along with the judge. This process is done to see if any of the potential jurors are biased or have been predisposed by anyone or prior information the potential jurors may have heard about the case. After the jury has been selected, the case is ready to go to trial.
Opening Statements and Prosecution’s Witnesses. At the beginning of the trial the prosecution as well as the defense will make an opening statement. This statement will give the jury and judge an overall summary of what both sides will intend to prove during the trial. Once opening statements are complete, the prosecution will start to call witnesses that he or she believes will assist in proving the case. The witnesses will give testimony based on what he or she witnessed personally. In addition, the prosecution may call upon expert witnesses to give their points of view on the case based on their professional knowledge. The prosecutor’s main goal is to persuade jury



References: Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall.

You May Also Find These Documents Helpful

  • Better Essays

    References: Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today: An introduction with…

    • 1042 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Trials And Verdicts

    • 785 Words
    • 3 Pages

    The constitution is the basis of all criminal law as well as trials and their verdicts. The constitution and the state and federal court systems have been in effect since the nineteenth century. Each and every court case has their own unique processes related to the different courts and how the case made it to any specific one, taking a plea bargain as an alternative to facing trial and what happens to the wrongfully accused will help understand a little more about the ins and outs of trials and verdicts.…

    • 785 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Criminal Procedure

    • 1339 Words
    • 6 Pages

    Zalman, M. (2008). Criminal procedure: Constitution and society (5th ed.). Upper Saddle, NJ: Pearson/Prentice Hall.…

    • 1339 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Trial By Jury

    • 1319 Words
    • 6 Pages

    It isn’t arduous to see why some may question the efficiency of trial by jury and whether it should, and is able to, continue to discover innocence or guilt. Regarding the trial of Vicky Pryce, the failure of the jury within the hearing conjured ridicule and disdain from the judge and the media. The case deeply unsettled the trust of many in the system. The eight women and four men were dismissed after illustrating “fundamental deficits of understanding” (Jacobson, Hunter & Kirby, 2015, p. 55). Their profuse questions for the judge were deemed as unintelligent and unnecessary and so a costly re-trial was required. Consequently, this ordeal provoked a stronger desire for the abolition of trial by jury, to be replaced by a single judge as a more…

    • 1319 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Zalman, M. (2008). Criminal procedure: Constitution and society, 5th ed. Upper Saddle River, NJ: Prentice-Hall…

    • 1184 Words
    • 5 Pages
    Better Essays
  • Good Essays

    References: Zalman, M. (2011). Criminal procedure: Constitution and society (6th ed.). Upper Saddle River, NJ: Pearson/Prentice-Hall.…

    • 899 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Jury Selection

    • 1223 Words
    • 5 Pages

    The selection of a jury is the process that occurs right before the actual trial, and after the trial initiation and the arraignment and plea. Only about 10 percent of actual arraignments see an actual trial, because 90 percent of cases that are preparing for trial end up accepting a plea bargain (Schmalleher, 2009).…

    • 1223 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Jury Trial Analysis Paper

    • 1200 Words
    • 4 Pages

    There are six steps in the trial process; these steps include jury selection, opening statements, evidence presentation, closing arguments, charging of the jury and deliberation of jury. Throughout this six step process, it is vital that the rights of all parties involved and respected and protected by following due process. This is especially vital to the defendant in each case since he/she has the most to lose.…

    • 1200 Words
    • 4 Pages
    Better Essays
  • Good Essays

    As we walked into the jury room, after hearing the case of Commonwealth v. Miller, I had already decided how I would vote and, honestly, I determined I was not going to be swayed. We swiftly chose a foreman by appointing the one, who had been given the jury instructions, to that position. Next, we read the jury instructions out loud, in order to remember and understand the definition of each charge. Debate over the meaning of the instructions ensued for a short amount of time before we dove into determining guilt or innocence. Everyone was given a chance to discuss the case and, personally, I felt comfortable entering the discussion and debating the case. After discussion, we voted and were evenly split among guilty or not guilty. Next, we…

    • 661 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Zalman, M. (2008). Criminal procedure: Constitution and society (5th ed.). Upper Saddle River, NJ: Pearson Prentice Hall.…

    • 1777 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Essay On Jury Selection

    • 872 Words
    • 4 Pages

    Jury selection are various methods used to decide who will be on the jury. The jury pool is initially chosen from among the community utilizing a random strategy. Jury records are gathered from voter enlistments and driver permit/state id. From these records, some people are mailed. They will be addressed in court by the judge and/or lawyers in the U.S. According to Shari Seidman, in some cases such as capital punishment, the jury must be death qualified. Jury procedures are taught in law institutions to law students. The jury chose is said to have been empanaled.…

    • 872 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Plea Bargaining

    • 1764 Words
    • 8 Pages

    Worrall, J. L. (2010). Criminal procedure: from first contact to appeal. (3rd ed.) Upper Saddle…

    • 1764 Words
    • 8 Pages
    Better Essays
  • Better Essays

    Justice is the concept of moral rightness that is based on equality, access and fairness. This means that the law is applied equally, understood by all people and does not have a particularly harsh effect on an individual. In Australia, the adversary system is used as a means to achieve justice by proving the accused, beyond reasonable doubt, committed the crime. The criminal trial process has many features which aim to fulfill the requirements of achieving justice. These elements, though considers equality, fairness and access, are flawed in practice. Flaws such as the handling of evidence, jurors not understanding instructions, inadequate funds for legal representation and controversial use of defences prove the criminal trial process ineffective.…

    • 1336 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Prosecuting Argument

    • 1721 Words
    • 7 Pages

    Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today (4th ed.). Upper Saddle River, NJ: Prentice Hall…

    • 1721 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Jury Trial in Malaysia

    • 998 Words
    • 4 Pages

    A jury trial is a trial where a judge is helped by a jury which consists of several ordinary citizens whom are usually selected randomly and generally laymen. Usually the jury box consists of 12 people that will judge regarding the facts of a case. In a jury trial, the selections of the juries are called ‘voir dire’, where the judge or parties ask jurors questions in order to determine their biases and opinions. After the jury is chosen and sworn in, the parties shall give their opening arguments, present their evidence and give closing arguments. The jury then discusses the facts of the case and considers whatever deems necessary only to announce the verdict at the end. According to Ng Boon Siong in his article of “The Comparison of Trial by Jury and Trial without Jury in The Malaysian Legal System”, the jury trial was first introduced in Penang and Malacca and later extended by the first Prime Minister throughout the rest of Malaya states. After the last case of Mona Fandey then only it was realized that jury trials are not suitable to be applied in Malaysia. Several of those reason is that firstly, the jury trial are considered archaic and time consuming. Not to mention the difficulties of such common people (whom most of them does not have any legal knowledge) to understand fully the facts of the case which adds up the time taken for an acceptable and at least reasonable decision to be made. Besides that, most of the jurors are being doubtful most of the time during the trial. They decide solely based upon personal opinion rather than considering wholly on the evidences founded. For example in the case of Mona Fandey, biased opinions was obvious at that time because all of the jurors voted the defendant as guilty without considering some evidence which are in favour of the defendant side. Lastly, jurors are incapable and mostly afraid to bear the heavy burden of such big decision where a man’s life is at stake. However, it has been 15…

    • 998 Words
    • 4 Pages
    Good Essays

Related Topics