Write an essay of 1,250-1,500 words in which you describe the procedural steps in a criminal trial. Address the following:
How does one determine whether or not they have standing to appear in criminal court? Once standing is confirmed, how does the court administer pre-trial management procedures such as notice, right to counsel, and whether to terminate the proceedings? Why are these procedures required for the administration of Justice? (comp. 4.1)
Explain what happens during each step of a trial, including the purpose each step serves. These steps should include, at a minimum, the following: opening statements, direct examination, cross-examination, jury instructions, jury deliberations, rendering a verdict, and sentencing.
Analyze and discuss what possible appellate procedures are in place for a criminal defendant. Explain when an appeal may be a viable option, and when it may not.
Use the GCU Library to locate four to six relevant, scholarly sources in support of your content.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
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The Procedural Steps in a Criminal Trial
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The Procedural Steps in a Criminal Trial
The criminal trial process often follows certain basic procedural steps though this may vary from one jurisdiction to the other. However, Scheb and Scheb (2012) points out that in all the jurisdictions, the law enforcement agencies make the arrests and interrogate the suspects in custody, make searches and seizures. The authors point out that all the actions of law enforcement are governed by the procedural law. In all the jurisdictions, the criminal suspects undergo certain procedures to be notified about the charges they are facing and be accorded a chance to answer to them in a court of law.
Standing to Appear in Criminal Court
The first stage in a criminal procedure is the pre-trial complaint investigation. According to Mayen (2014) the during the pre-trial complaint investigation, the civil plaintiff or a prosecutor investigates before filing a complaint. Once the investigation has established all the facts regarding the complaint, a formal complaint is made against the offender. Once the complaint is filed, the offender may institute a motion to dismiss the complaint. The criminal defender faces detention once the complaint has been made. However, the defendant must not be held for more than 48 hours and should be arraigned before the magistrate (Carp et al., 2014). It is during the arraignment that the defendant gets to know whether they have standing before the trial court.
The arraignment of a defendant before a magistrate is the preliminary hearing process. According to Del Carmen (2007), the preliminary trial process has great resemblance with the trial process. However, the sitting magistrate may not be the judge during the trial process. The main purpose of the preliminary trial process is to inform the defendant regarding the crimes and on finding the probable cause can set the case to full trial. The defence gets to know the kind of evidence the prosecution has and the strength of the case in which the defendant faces. The defence may choose to present the evidence or decide not to present it at all.
Pre-Trial Management Procedures
The conformation of standing to appear in a criminal court paves way for the administration of the pre-trial management procedures. The indictment is followed by the pre-trial conference, which can be one or more depending on the court’s motion or that of a party (Saltzburg & Schlueter, 2015). During the pre-trial conference, several procedures such as notices, right to the counsel, and decisions on whether to terminate proceedings are discussed. Although the defendant is not required to be present during the pre-trial conference, they can be represented by the defence. The pre-trial conferences set the schedule and motion deadlines, the pre-trial hearings and the trial. It is during this trial process that an estimate of the trial duration is determined and the likelihood of resolution without trial by a plea of guilty is determined.
The pre-trial conference procedures are critical in the administration of justice. According to Saltzburg and Schlueter (2015), pre-trial conferences can serve many roles that are critical in the trial process. The pre-trial conference can expedite the disposition of the case ensuring justice is delivered promptly to the complainant and the accused. It also allows the court to create and establish managerial control over the case. It improves the quality of hearing, discourages wasteful activities, and facilitates speedy settlement of a case.
The Criminal Trial Steps In a criminal trial, the jury determines beyond a reasonable doubt using th………………………………………………………………………………………………
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