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The paper relates that after arrest, the suspect is informed of his Fourth Amendment rights, "Miranda Rights," and he can be either released until the trial or incarcerated. The paper describes the preliminary hearings, the pre-trial motions and the trial. The paper then relates that if the defendant is found guilty, he goes to jail, serves time and is released on parole.
From the Paper:"Next in the process is the trial itself. Most people who enjoy courtroom dramas will recognize this phase of the process. The author continues, "The chief role players are the prosecutor, the defense counsel, and the judge. In relatively rare instances, there are also juries, generally composed of 6 or 12 peers, chosen with equal input and approval by both the prosecutor and the defense" (Feinberg 246). The prosecutor, usually working for the county or state, offers their evidence against the suspect, while the defense counsel presents evidence meant to clear his client of wrongdoing. The judge (and jury) attempt to decide which side is telling the truth, and how to punish the suspect. One important aspect of the trial is that the defendant is always presumed innocent until proven guilty. Author Feinberg notes, "Prosecutors, generally speaking, have an 'uphill battle' to prove their cases. The defense can call its own witnesses, produce its own evidence, cross-examine state's witnesses, and refute its evidence in a manner distinctly biased in its own favor" (Feinberg 246). The trial moves through several phases.
"The trial begins with opening statements from both attorneys. They then offer the main facts to the jury, giving them evidence and attempting to sway them to their side. After all the evidence is presented, they make their closing arguments."
Sample of Sources Used:
- Feinberg, Gary. "15 United States (Developed Nation-State)." Crime and Crime Control: A Global View. Ed. Gregg Barak. Westport, CT: Greenwood Press, 2000. 229-253.
- Jones, William J. "The Criminal Court Process." In Working with the Courts in Child Protection. Washington DC: Children's Bureau, 2006.
Cite this Descriptive Essay:
The Criminal Court Process (2012, June 10) Retrieved May 23, 2013, from http://www.academon.com/descriptive-essay/the-criminal-court-process-151415/
"The Criminal Court Process" 10 June 2012. Web. 23 May. 2013. <http://www.academon.com/descriptive-essay/the-criminal-court-process-151415/>