Criminal trial

The judge is the officer of the court who is either elected or appointed to preside over the court. If the case is to be tried before a jury, the judge rules upon points of law dealing with trial procedure, presentation of the evidence, and the law of the case. The attorneys are officers of the court whose duties are to represent their respective clients and present the evidence on their behalf so that the jury or the judge may reach a just ver­dict or decision.

The present system of jurisprudence presumes every defendant to be innocent until proved guilty beyond a reasonable doubt. Every defendant is entitled to be represented by legal counsel, regardless of the unpopularity of his case. This is a constitutional safeguard. In most cases a jury of twelve is required in either civil or criminal proceedings.

After selecting the jury the attorney for the state may make an opening statement for the purpose of advising the jury what he intends to prove in the case. Then the state will begin the presentation of evidence with their witnesses. A witness may testify to a matter of fact. He cannot testify to hearsay, that is, what someone else has told him. An attorney may not ask leading questions of his own witness. A leading question is one which suggests the answer desired.

When the state’s attorney has finished his direct examination of the witness, the defendant’s attorney may then cross-examine the witness upon any matter about which the witness has been questioned. The defence attorney may choose to present no evidence, or he may present certain evidence but not place the defendant upon the stand.

At the conclusion of the defendant’s case the attorney for the state and the defendant’s attorney will present closing arguments to summarise and comment on the evidence. Then the judge reads the instructions to the jury. The instructions cover the law as applicable to the case. The jury is taken to the jury room by the bailiff to deliberate upon its decision. In a criminal case the decision of the jury must be unanimous.

Upon reaching a verdict, the jury returns to the courtroom with the bailiff. When the verdict is read and accepted by the court, the jury is dismissed and the trial is concluded. If the defendant is convicted the judge will impose sentence. In most states and in the federal courts the function of imposing sentence is exclusively that of the judge.

Дата добавления: 2015-09-01