Innocent until proven guilty; a phrase commonly used by the accused. But if the accused is guilty but never proven to be, does that mean he is innocent? An example of this is Steve Harmon in the novel, Monster. Steve is on trial for felony murder for a robbery. In the book, Monster by Walter Dean Myers, although Steve Harmon is pronounced innocent, he is actually guilty because he lied to the jury, is familiar with the crime, and is paranoid.…
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…
2. The Twelve jurors are given the job, by the judge, of deciding whether a teenage boy is innocent or guilty of killing his father. They must separate the facts from the fancy and provide a verdict of guilty if there is no reasonable doubt to the claims, or non-guilty if there is reasonable doubt. The decision must be unanimous. The charge against the defendant is Murder in the first degree – premeditated homicide (death sentence).…
Where there is sufficient evidence against the suspect, the suspect is issued with an indictment, and is subject to immediate arrest by security personnel as they await a trial. During the trial a verdict is made either by the judge or a grand jury to determine whether the suspect is guilty of crime or not. If guilty, the necessary legal sentencing and/or fines are stated; it could be imprisonment or monetary fines.…
The trial process is one of the most important parts of the criminal justice system. The part where the person accused of committing a crime is either cleared or held accountable for his or her actions. There are several people whose job is to make sure that the process runs smoothly.…
Some individuals say people are innocent until proven guilty. This is not the case for everybody. For example, in Harper Lee’s To Kill a Mockingbird there are two characters, Tom Robinson and Boo Radley who are thought of badly by some of the people because they are different than the norm. Due to the fact that Boo and Tom are different then the rest, people tend to jump to conclusions. They assume that they are guilty before they are proven guilty.…
The role the jury trial plays in criminal cases is fundamental to the American scheme of justice.1 The right to a jury trial is rooted in our legal tradition2 and is articulated in the U.S. Constitution.3 This protection extends back to British common law, and serves as a check against government oppression by ensuring that a defendant’s fate lies in the hands of a jury of ordinary citizens rather than the government’s prosecutor or judge.4 Coupled with the presumption of innocence, the right to a jury trial serves as a “cornerstone of Anglo-Saxon justice”5 that limits potential government tyranny. At the heart of jury trial protections and the presumption of innocence lies the concern that it is better to let a guilty man go free than to convict an innocent man.6…
At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome. When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial.…
Both the prosecution and defense present evidence and call witnesses, in front of a judge and a twelve-member jury. The jury will examine the evidence and return a verdict. The judge will interpret the verdict for sentencing, according to state law.…
Juries are a panel of citizens selected randomly from the electoral role to determine the guilt or innocence of the accused, thus are a fundamental part of how the adversarial system functions. The right to a trial by jury is enshrined by the right to a fair trial. Juries enable a fair trial as they are members of the community who are making an impartial judgement based on what the two opposing sides presents to them, hence they are less prone to bias and bigoted views enabling them to improve access to justice. When a verdict is made, it is often made unanimously so there should be no doubt on the jurors mine as to whether the accused is guilty or not. There are some circumstances, when a majority verdict takes place 11 against 1 or 10 against 1, but only if deliberation has surpassed a reasonable time ( usually 8 hours ), so this allows for a fairer system. Being such a fundamental part of the adversarial system, if a jury is unable to make a verdict, it becomes a hung jury in which the case is dismissed and a retrial is ordered therefore ensuring that there is an equal opportunity for each party to present their side of the case and know that an impartial judgement will be made. Overall, since the right to a fair trial is significant in the adversary system, the juries are a pivotal reason as to how natural justice is achieved.…
Juries consist of a collection of residents brought together to form a decision on a case. Seating arrangements are either in a criminal or civil case, in which the assessment of evidence is present and decisions made are from facts provided. Juries aid solely at trial court level, and because they are truth locators, there is no position in appellate court since the decision established from facts formulated at trial level. Furthermore, judges listen and decide the final word of every appeal (Ehow.com, 2012).…
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.…
Many may think that by watching tv shows like, Judge Judy, are an easy way to learn how the court system works. However, there is much information that can be gained from serving on a jury. For example, there are two types of trials, criminal and civil. A criminal trial is a trial held when an individual has been accused of committing a crime that is against society. A jury held in a criminal case is made up of 12 people who work together to make a unanimous decision of “guilty or not guilty” and the government must prove that the crime was committed “beyond a reasonable doubt.” A civil trial jury is a jury made up of at least six people who come up with a decision based on proof that is “more true than not.” There are also three different types of juries. A grand jury, a petit jury, and a civil jury. Needless to say, it is actually the jury that makes a decision rather than the…
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).…
The right to trial by jury is provided by the Sixth amendment to the United States Constitution. South Carolina law provides for selection of six jurors and four alternates to make up the jury. (Watson & McAninch, 1994). The jury will hear all the evidence presented against the defendant and will decide if the defendant is guilty or not guilty of the crime they are charged…