A Jury Trail is a trial that proceeds like any other trial however the judges do not determine guilt or innocence in the case. A group of people that have been selected by both the defense and the prosecution sides in the case. These people that have been selected have sworn to inquire into matters of fact and reach a verdict on the basis of the evidence that during the case has been presented to them(“Thefreedictionary”, 2013). The trial by jury has become the central role in the criminal justice system. The Jury Trail has been known as an impartial was for a person to get a fair trial.
This is based on that the person being tried having people just like them minus the crime being the one to decided guilt of innocence. The steps in a jury trial are as follows, selection of jury, the trial, the judge charge, deliberation, the verdict (“Thefreedictionary”, 2013). The jury selection process is quite a process. It starts with the county calling in its citizens for what is called a Voir Dire. This is the process by which citizens are questioned before being selected to hear evidence as juror (“Thefreedictionary”, 2013).
After the questioning process the selected jury will be sworn in to hear evidence in the case. The trial is where both sides will present their evidence and arguments in the case. This is also were the judge may give remarks to the jury. Sides will give opening speeches, witnesses are called for direct and cross-examination and exhibits are presented (“Thefreedictionary”, 2013). Once both sided have presented their sides of the arguments they will give summary and closing arguments. The judge’s charge is after the defense and the prosecutions have presented their case and have given their closing arguments.
The judge instructs the jury as to what laws apply to the case and what those laws mean(“Nolo”, 2013). The judge could also give the jury more information on the case and allow them to see evidence that was presented in the case. The Deliberation is when the jury goes into a private room to discuss the case and reach a decision. They may talk to no one except the Judge if they have questions. The verdict is when the jury returns to the courtroom and the foreperson announces the decision. The attorneys may ask that the jury be polled(“Nolo”, 2013).
This is when each juror is asked separately there decision on each charge in the case. After the jury has made and read their decision on the case the judge will decide what the sentence will be for each count in the case. The selection of a fair and unbiased jury has a process that may take some time. The court that is handling the trial will bring in many different people that live in the area. Then they are asked a set of questions pertaining to their thoughts about certain topics that may or may not pertain to the case that they will or will not hear.
The jury that is picked has to be chosen by both sides, the prosecutor and the defense team have to agree for the person to be made a jury member. A person has to show the courts that they don’t hold resentment towards a certain action, class of people, groups, actions on a person or the courts itself. The jury that is then chosen is taken to a room and sworn in and given instructions on what the do’s and don’ts are during their duty. The sixth amendment is a part of the constitution that gives the public the right to a public trial in criminal cases.
These are where the court room is open to friends and family of the defendant and the victim of the crime. It also allow for a person to get a jury trial and a speedy trial. The “confrontation clause” of the Sixth Amendment gives defendants the right to “be confronted by the witnesses against” them. This gives defendants the right to cross-examine witnesses — that is, the right to require the witnesses to come to court, “look the defendant in the eye,” and subject themselves to questioning by the defense(“Nolo”, 2013). The sixth amendment also provides that all people have the right to be represented by and attorney.
A defendant shall provide their own defense; if they cannot afford a attorney the judge will appoint one for them at no cost to them. They also have the right to adequate representation. If there attorney of the one appointed to them by the courts does not, call favorable witnesses, object to mistakes, uses drugs, or a attorney that no long can handle cases, then they do not have adequate representation. There is a clause in the Fifth Amendment that states a person will be subject for the same offence to be twice put in jeopardy of life or limb.