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Stages of a Criminal Case part.39. Trial So after long eight
stages of preparations we are at the most important but not the final stage of
the whole criminal case process – the trial. The trial is the main stage of any
criminal case, it is where all the preparations finally result in a solution
and sentence, if the defendant is found guilty. This is where the justice is
made. The trial can be
divided into six phases. At first a jury is chosen and then the whole process
proceeds to opening statements, witness testimony and cross-examination.
Cross-examination (which includes witness testimony) is the main part of the
whole criminal case process when the evidence is presented, the witnesses
testify and the attorneys present their argument. This part is usually closed
with closing arguments. After that the jury is instructed in various legal
rules concerning the case and the jury proceeds for a discussion and must reach
a unanimous verdict if the defendant is guilty or not guilty. Sometimes if the jury fails
to reach a unanimous verdict, finds itself at a standstill and can’t decide if
the defendant is guilty or not. The judge declares a mistrial, as a result of a
mistrial the case can be dismissed or the trial can start again but from the
stage of selecting a jury. Even a simple trial is
such an immense topic that catching all the details will be hard even within two
or three articles, but we will definitely write some more detailed things about
trials in future. 10. Sentencing The sentencing stage
begins usually right after the trial has reached a decision. A sentence is
based not only on the decision of the court, at this stage there is a number of
factors that influence the final sentence. This can include criminal history,
things related to the crime – nature of the crime, impact on victims, injuries
etc., personal, economic, and social circumstances, and even regret or remorse
of the defendant. Sentencing is the official end of the court procedures, still
the defendant has a possibility to make an appeal. 11. Appeals Even after the
sentence the convicted person can appeal to a higher court and ask to review
certain aspects of the case (usually sentence or the conviction itself) for
legal errors. During this stage the defendant is called appellant. If the appeal is
accepted, the higher court reviews all the procedures of the lower court
without considering any new evidence. When reaching a decision the higher court
accepts written briefs fro the both sides of appeal. The brief from the
attorneys of the appellant usually specifies why the decision of the lower
court was wrong, while the brief of prosecutors states that the decision of the
court was right and gives arguments for keeping the current sentence. Usually
after the first brief exchange the appellant has a right for a second brief
that responds to arguments from the prosecutors’ letter. Sometimes an oral
hearing on the case can be appointed. For more
information regarding commercial
disputes lawyers, Hmilton lawyers Article Tags: Criminal Case Source: Free Articles from ArticlesFactory.com
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