The Criminal Trial Process
The Criminal Trial
Process
The Sixth Amendment specifies certain citizens ' rights that apply in all criminal trials. These rights are speedy trial, public trial, trial by jury, notice of the accusation, confrontation of opposing witnesses, compulsory process for obtaining favorable witnesses and assistance of counsel. Although the Sixth Amendment guarantees these rights only with respect to the federal government, the U.S. Supreme Court has incorporated all of them so they apply to the states as well as the federal government. The many legal procedures associated with modern criminal trials have developed over centuries. States and the federal government follow a largely uniform set of procedures. …show more content…
Based on the investigation, police or the sheriff may decide that: a crime has not occurred as defined under state law, there is insufficient evidence to pursue the complaint, or one or more persons may be arrested and the matter referred to the prosecutor. Any person arrested must be released within 24 hours unless a warrant is issued for an arrest (NOLO, 2012).
2. Initial Appearance.
This must occur within 24 hours of arrest. At this appearance, the charges are read and the judge makes sure the defendant understands his/her rights. Judge makes sure the defendant has an attorney if he/she qualifies for legal assistance. The judge also sets the date for the next step, the preliminary hearing at this time. Judge sets bail, if no bail amount was named in arrest warrant. If the case is a domestic violence one, judge will order no contact order.
3. Preliminary …show more content…
If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. Almost always, the judge denies the defense post-trial motions.
12. Sentencing.
If the verdict is not guilty this end the steps for criminal trial process. If the verdict is guilty, the Judge imposes sentence. He is guided by sentencing guidelines but does have some leeway depending on mitigating circumstances (first time offense consideration, etc.). If the defense appeals the court decision the process is as follow:
• After sentencing, losing party files appeal (in criminal cases, only the defendant can file an appeal because of double jeopardy rules)
• Trial court clerk notifies other parties and Appellate Division.
• Trial court record is submitted to Appellate Division.
• Both appellant and respondent submit written briefs presenting their legal arguments
• Case is placed on calendar and assigned to a panel of three Appellate Division judges.
• Panel of judges reviews trial court records, written briefs, and applicable law and
Process
The Sixth Amendment specifies certain citizens ' rights that apply in all criminal trials. These rights are speedy trial, public trial, trial by jury, notice of the accusation, confrontation of opposing witnesses, compulsory process for obtaining favorable witnesses and assistance of counsel. Although the Sixth Amendment guarantees these rights only with respect to the federal government, the U.S. Supreme Court has incorporated all of them so they apply to the states as well as the federal government. The many legal procedures associated with modern criminal trials have developed over centuries. States and the federal government follow a largely uniform set of procedures. …show more content…
Based on the investigation, police or the sheriff may decide that: a crime has not occurred as defined under state law, there is insufficient evidence to pursue the complaint, or one or more persons may be arrested and the matter referred to the prosecutor. Any person arrested must be released within 24 hours unless a warrant is issued for an arrest (NOLO, 2012).
2. Initial Appearance.
This must occur within 24 hours of arrest. At this appearance, the charges are read and the judge makes sure the defendant understands his/her rights. Judge makes sure the defendant has an attorney if he/she qualifies for legal assistance. The judge also sets the date for the next step, the preliminary hearing at this time. Judge sets bail, if no bail amount was named in arrest warrant. If the case is a domestic violence one, judge will order no contact order.
3. Preliminary …show more content…
If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. Almost always, the judge denies the defense post-trial motions.
12. Sentencing.
If the verdict is not guilty this end the steps for criminal trial process. If the verdict is guilty, the Judge imposes sentence. He is guided by sentencing guidelines but does have some leeway depending on mitigating circumstances (first time offense consideration, etc.). If the defense appeals the court decision the process is as follow:
• After sentencing, losing party files appeal (in criminal cases, only the defendant can file an appeal because of double jeopardy rules)
• Trial court clerk notifies other parties and Appellate Division.
• Trial court record is submitted to Appellate Division.
• Both appellant and respondent submit written briefs presenting their legal arguments
• Case is placed on calendar and assigned to a panel of three Appellate Division judges.
• Panel of judges reviews trial court records, written briefs, and applicable law and