Stages of a Criminal Trial
Stages of A Criminal Trail Nancy Jane Strayer University
One stages of a criminal trial is the presentation of evidence, first the state is given the opportunity to present evidence intended to improve the defendant’s guilt. After prosecutors have rested their case, the defense is afforded the opportunity to provide evidence favorable to the defendant. Types of Evidence Evidence can be either direct or circumstantial. Direct evidence believed, proves a fact without requiring the judge or jury to draw inferences. For example, direct evidence may consist of the information contained in a photograph or a videotape. It might also consist of testimonial evidence provided by a witness on the stand. A straight forward statement by a witness (“I saw him do it!”) is a form of direct evidence. Circumstantial evidence is indirect. It requires the judge or jury to make inferences and to draw conclusions. At a murder trial, for example, a person who heard gunshots and moments later saw someone run by with a smoking gun in hand might testify to those facts. Even without an eyewitness to the actual homicide, the jury might conclude that the person seen with the gun was the one who pulled the trigger and committed the crime. Circumstantial evidence is sufficient to produce a conviction in a criminal trial. In fact, some prosecuting attorneys prefer to work entirely with circumstantial evidence, weaving a tapestry of the criminal act into their arguments to the jury. Real evidence, which may be either direct or circumstantial, consists of physical material or traces of physical activity. Weapons, tire tracks, ransom notes, and ransom notes, and fingerprints all fall into the category of real evidence. Real evidence, sometimes called physical evidence, is introduced in the trial by means of exhibits. Exhibits are objects or displays that, after having been formally accepted as evidence by the judge,
One stages of a criminal trial is the presentation of evidence, first the state is given the opportunity to present evidence intended to improve the defendant’s guilt. After prosecutors have rested their case, the defense is afforded the opportunity to provide evidence favorable to the defendant. Types of Evidence Evidence can be either direct or circumstantial. Direct evidence believed, proves a fact without requiring the judge or jury to draw inferences. For example, direct evidence may consist of the information contained in a photograph or a videotape. It might also consist of testimonial evidence provided by a witness on the stand. A straight forward statement by a witness (“I saw him do it!”) is a form of direct evidence. Circumstantial evidence is indirect. It requires the judge or jury to make inferences and to draw conclusions. At a murder trial, for example, a person who heard gunshots and moments later saw someone run by with a smoking gun in hand might testify to those facts. Even without an eyewitness to the actual homicide, the jury might conclude that the person seen with the gun was the one who pulled the trigger and committed the crime. Circumstantial evidence is sufficient to produce a conviction in a criminal trial. In fact, some prosecuting attorneys prefer to work entirely with circumstantial evidence, weaving a tapestry of the criminal act into their arguments to the jury. Real evidence, which may be either direct or circumstantial, consists of physical material or traces of physical activity. Weapons, tire tracks, ransom notes, and ransom notes, and fingerprints all fall into the category of real evidence. Real evidence, sometimes called physical evidence, is introduced in the trial by means of exhibits. Exhibits are objects or displays that, after having been formally accepted as evidence by the judge,
References: Works Cited Schmalleger, F. (2011). Stages Of a Criminal Trial. Upper Sadle River: N Pearson/Prentice Hall. Schmalleger, F. S. (2011). Criminal justice today. Upper Saddle River: N Pearson/Prentice Hall.