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Steps in a Trial

By jwill123 Jan 10, 2013 578 Words
If someone gets arrested there are two options of courts they can go to. They can either go to state court or federal court. In each court there are different steps that are taken to finally get the verdict. There are also two different types of court systems like the Adversarial court system and the Inquisitional court system. There are about eleven or twelve court steps in a trial. The first step is the opening statement from the defendant’s attorney and the prosecutor’s attorney. After the opening statement by both the defendant and the prosecutor the defendant and prosecutor both have the chance to explain evidence to disprove the allegations made by either the defendants or prosecutors. a direct examination comes next and this is the questioning of the witnesses found for both the defendants and prosecutors. After the direct examination is the cross-examination and the cross-examination is questioning the witnesses to prove that what they said what correct and the other side was wrong. After the cross examination and the direct examination is the motions and during the motions the judge tells the attorneys what they can and cannot use as evidence during the trial. After both attorneys are told what they can and can’t show in court the direct examination and cross-examination happen again. After the examinations comes the closing statement. After the closing statement comes the Rebuttal Argument. The rebuttal argument is when the attorneys ask people what their idea about the topic is. After the rebuttal argument comes the jury instruction and during the jury instruction is when they jury decides what they think would be an appropriate verdict for the criminal. After that comes the verdict and the verdict tells the criminal weather they are spending time in jail or prison or what their consequence will be. In a trial of court there are many different people involved in the decision-making and the helping of the defendant. The District attorney, the Prosecutors attorney, the judge, and they jury all play a part on the decision-making and the helping out of the defendant’s plead. There are two types of courts. One court is called federal court and in federal court the judge hears the criminal and civil cases involving federal law. This is usually something that is done illegally. Federal court is like the “Big Papa” of the courts. Sate court is the other type of court and in state court it resembles the federal court but its specialized to deal with specific legal areas: like family, traffic, criminal, probate, and small claims. In the United States we use the adversarial system and it is a contest between opposing sides (adversaries). The theory is that the trier of fact (judge and jury) will be able to determine the truth if the opposing parties present their best arguments and show the weaknesses in the other sides case. In Europe they use a court system called the Inquisitional system and in the Inquisitional system the judge is active in questioning the witnesses and controlling the court process including the gathering and presenting of evidence. These judges can order witnesses to appear, conduct searches, and in general, take the lead role in trying to uncover the truth. The adversarial system and the inquisitional system duffer in which these matter are left to the competing parties and decision is made by the judge or jury based on the arguments and evidence presented.

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