Jury Trial Analysis
When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury.
Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect ...view middle of the document...
The trial in the very centerpiece of the criminal procedure and it is extremely vital that judges be the impartial decision makers. The expression “unbiased or impartial judge” has not neutral, nonpartisan judge comes from the due process clause of the Fifth and Fourteenth Amendments (UnitedNations, 2003). Judges play a variety of roles. He or she will assess the evidence presented, interpret the law, and are the authority on how hearings and trials unfold within their courtrooms. Within the United States, the known criminal justice system is adversarial. This means that within the criminal justice system cases are challenges between opposing sides. This helps to ensure that evidence and legal arguments are, and always will be, present. The judge remains at the tip of this melee, administering an impartial assessment of the data and how the legislation body of the state applies to those facts. Even the very basic of laws require that any judge must exclude himself or herself in a case in which he or she has considerable interest, has formerly been either the prosecution or the defense attorney, been a witness in the previous, or is a family member of or has a connection with any person in the proceeding, or the attorney for either the prosecution or the defense as it would render it improper to sit in judgment at the trial or any other criminal proceeding.
Almost all civil cases, and some criminal cases, are overseen by a judge with the jury being not present. The judge will then decide if any of the evidence presented is believable and if/which of the persons called to witness is telling the truth. The judge will then applies the appropriate laws to determine if the civil claim has been established or if there is proof beyond a reasonable doubt, in criminal cases, to find the accused guilty.
If convicted of a crime, the defendant will have the judge pass a sentence that will impose a punishment that can range from a simple fine to a jail term, depending upon the severity of the crime. When deciding civil cases, the judge will determine if the claim is credible and then determine damages, grant an decree, order, or some other form of compensation to the victim, unless a trial by jury has been elected.
Every individual has the right, in civil and criminal cases, to have his or her case listened to and...