Where a question manifests confusion, it is important that this be removed by answering the question even where the jury has apparently resolved the issue: It is suggested that unless the case is a legally simple one, written directions be given to the jury before counsel addresses as to the elements of the offence and any relevant legal issues with some short oral directions explaining these matters without reference to the evidence.
A state may punish a certain crime more harshly than the federal government or vice versabut a defendant can be charged and convicted under both systems. The prosecutor may also introduce physical evidence, such as photographs, documents, and medical reports.
The accused does not have to be present at the view but he or she has the right to attend: In turn, the defense tries to establish that the government has fallen short of its "burden of proof," so that the jury must find the defendant "not guilty.
The jury should indicate the time at which they wish to recommence their deliberations. The accused should not be able to achieve a tactical advantage by dismissing defence counsel before addresses. The Crown can call evidence in reply to evidence given by the accused of alibi or substantial impairment: The following is a summary of what happens if a criminal case goes to trial.
The judge has a discretion to withhold an exhibit from the jury room. Witnesses in the Crown case It is a matter for the Crown how it structures its case, what witnesses to call and the order of calling witnesses.
Generally the judge has no role to play in the calling of witnesses.
It may be appropriate to give a direction or warning in writing at the time it is given orally to the jury, or for it to be included in the written directions in the summing up depending upon the significance of the evidence to the Crown case.
It is suggested that before transcript is given to the jury, counsel should be requested to ensure that the copy to be handed to them does not contain any material arising from applications or discussion that took place in the absence of the jury.
It should not be given where the jury may not understand the nature of the Crown case, such as where it is based upon the concept of a joint criminal enterprise: Directions and warnings should also be repeated in the summing up.
Transcript The jury may be supplied with the transcript or part of it, including addresses and, if available, the summing up or part of it: If counsel wish to have a particular direction given, counsel should frame the direction sought. Some warning is required about the potential unreliability of the evidence: Procedures can be adopted to preserve the anonymity of witnesses where necessary: A trial judge is not required to give directions in accordance with those contained in the Bench Book: As to evidence by audio-visual link, see [ ].
Once the jury reaches a verdict, the jury foreperson informs the judge, and the judge usually announces the verdict in open court. The judge should make clear to the jury how the evidence can be used or not used against each accused.
It often occurs that the accused chooses not to because of the prejudicial effect if the accused is in custody. The judges then decide whether or not the conviction should be upheld. Some judges have the allocutus given to the accused by the associate after a verdict of guilty, see [ ] at .
After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through "re-direct examination," and attempt to remedy any damaging effects of cross-examination.
The trial judge should be seen as impartial and must take care not to become too involved in the conduct of the trial, in particular in questioning witnesses:The Criminal Trial Process: From Jury Selection to Sentencing Words Feb 4th, 5 Pages This study intends to set out the various steps in the criminal trial process in the American justice system.
Steps In The Federal Criminal Process In this section, you will learn mostly about how the criminal process works in the federal system.
Each state has its own court system and set of rules for handling criminal cases.
Steps in a Criminal Case Here is a general outline of the steps in a jury trial: Sentencing in Michigan varies with the crime and can be the most confusing part of the criminal process. Most often, sentences are at the judge's discretion.
The judge will consider the information in the pre-sentence report (subject to factual corrections. Outline of trial procedure  The trial judge should briefly describe to the jury the trial process, the role and obligations of jurors, the onus and standard of proof, the duties and functions of counsel and, where known, the issues to be raised in the trial.
the respective role of a judge and a jury. the nature of a criminal trial. Criminal Trial Procedures: An Overview. Jury selection. If the trial will be held before a jury, the defense and prosecution select the jury through a question-and-answer process called "voir dire." In federal courts and many state courts, the judge carries out this process using questions suggested by the attorneys, as well as questions.
The Trial Phase of a Criminal Case A criminal trial has several phases: Jury selection - A pool of potential jurors is gathered, and asked a number of questions. The prosecution and defense each can choose to exclude a certain number of people from the jury.
In most states, a criminal verdict must come from a unanimous jury. Sentencing.Download