AT THE TRIAL

1. Criminal procedure is a method provided for regulation of investigation and trial of persons accused of crime. Certain aspects of the law of investigation and trial are limited by the Bill of Rights of the U.S. Constitution, which provides that persons shall be secure in their persons, houses, and effects, from unreasonable searches and seizures; that no person shall be put in jeopardy twice for the same offense; that defendants not be required to testify against themselves; that no one shall be deprived of life, liberty, or property without due process of law; and that indicted persons are entitled to trial by jury, to the assistance of counsel, to be confronted by prosecution witnesses, and to have witnesses in their favor. The Bill of Rights also prohibits excessive bail, funds or property pledged to assure that the accused will appear in court for trial.

2. During the trial the counsels for the prosecution and for the defence present the case by questioning witnesses and permitting them to be cross-examined by the opposing counsel. A witness may tell only what he himself knows to be true. Hearsay evidence is not allowed. Hearsay evidence consists of statements made out of court by someone who is not present to testify under oath at a trial. The reason for the exclusion of hearsay is the practice of cross-examination of witnesses in open court by opposing lawyers. Written or oral statements made by a person not present cannot be subjected to cross-examination.

3. The judge can interfere if he thinks any of the questions are not relevant to the case. He always objects to the so-called “leading questions” - questions that suggest answers instead of asking for information. When all the evidence is given and the examination of the witnesses is finished, the judge calls the attention of the jury to all the important points in the evidence. The jury consists of 12 people (non-lawyers) between the ages of 21 and 65 years. The jury’s task is to listen to the evidence given by the witnesses under cross-examination and to bring a verdict either guilty or not guilty. The verdict must be unanimous.

4. If the verdict of the jury is “guilty”, the judge passes a sentence. If the prisoner is a habitual criminal, the sentence is likely to be more severe. A convicted person is entitled to appeal to the Court of Appeal. If the jury brings a verdict of “not guilty”, the defendant is discharged, the case is finished and cannot be reopened even if new evidence comes to light the following day. A defendant may never be tried a second time for an offence of which he has once been acquitted.

Дата добавления: 2015-07-20