The defense attorney protects the rights and interests for his or her client, ensuring that the defendant’s rights are not violated. Every individual within the United States has the right to counsel regardless of his or her financial means, which is guaranteed by the Sixth Amendment of the United States Constitution. The duties of a defense attorney includes indentifying and preparing a defense strategy founded on facts, and precedents, enlisting experts, private detectives, witnesses of the crime, and character witnesses for defensive trial preparation. The defense attorney also tests the durability of the prosecution’s case, and negotiates plea bargains (Meyer & Grant, 2003). The role of the Clerk of Court is to maintain records of criminal cases, which includes keeping track of papers, organizing papers, and keeping tabs on the decisions, and orders of the judge.
Jury Trial Analysis Kim Kosal CJA/364 June 11, 2012 Nicole Pena Jury Trial Analysis According to the U.S. Constitution the Sixth Amendment states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy trial, with an impartial jury of the State and district wherein the crimes shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense" (Madison, 1791). The following will identify the steps of a trial by jury, analyze the constitutional rights enacted during a jury trial, and examine the selection of a fair and unbiased jury. Steps in a Jury Trial There are five main steps in a jury trial, (1) selection of a jury, (2) the trial, (3) judge's charge to the jury, (4) jury deliberation, and (5) the verdict. This section will examine each of these steps individually as it pertains to a jury trial. Selection of a Jury Selection of a jury begins with the voir dire oath is administered.
In America, the accused has the right to a trial because of the sixth amendment. No one can be put in jail without being found guilty by a jury of people who aren’t for or against the accused. The sixth amendment also states that the trial must be speedy. I highly agree and approve the system that the United Stated has because the victim is given the opportunity to demonstrate his or her innocence. We cannot say that the same procedure can be applied in an old communist country because people and the government are very corrupt.
The Magistrate also heard evidence from the defendants’ legal agent 3. for consideration. Prosecutors’ charges against the defendant were proven, and the defendant is found guilty, without a conviction noted on the defendants’ criminal record, and a punishment at the Magistrates discretion, is then delivered by the Magistrate. The two police prosecutors sat opposite each other at the left end of the bar table, one having his back to the Magistrate. Their role was to present the evidence against the defendant to the Magistrate, and the charges that the defendant had been charged with, and under what section they had been charged, and at times withdrawing charges after consultation with the defendants’ legal agent. I observed the police prosecutors consulting the defendants’ legal agent on many occasions discussing alternatives to a prison sentence and what the prosecutors felt was fair in way of punishment for this defendant.
Due process promises people the right to a speedy trial. The equal opportunity clause promises that the law will not discriminate against any person because of his or her differences. This amendment protects people against state and federal laws. Due Process and Crime Control Models Due Process The Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, requires due process, which is a requirement that the justice system officials respect the rights of those who have been accused of a crime. The three requirements for police officers are: 1) search and seizure, 2) arrests, and 3) interrogation (Criminal Justice Today, p. 127-128).
In addition to these narrowly defined rights, the Fifth and Fourteenth Amendments also provide the broad guarantee that no one shall be deprived of "life, liberty, or property, without due process of law." (Rights of the Accused) . Along with the right to habeas corpse , a trial by jury, and defense against self-incrimination accused are protected from being prosecuted for the same crime twice, and excessive or cruel punishments. References Carey, G. (2011). Due Process.
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
Criminal defendant has other rights in the court such as the right to: Right to remain silent The 5th Amendment states that the defendant can’t compel in any criminal case for a witness to be against him or herself. So what this means is that once the criminal defendant is arrested he or she chooses to remain silent and so then the prosecutor cannot call the witness on the stand since they applied to remain silent. Right to confront the witnesses The 6th Amendment states that the confrontation clause provides the defendant the right to be confronted by the witness against him or her. This can also give the defendant the right to cross examine the witness and the right to require the witness to come to court. Right to a public Trial The 6th Amendment can guarantee public trial’s in the criminal cases.
The Sixth Amendment allows the right to a speedy and public trial allowing them to stand trial in the district they committed the crime and allowing confrontation from witnesses and those who could help assist the defense. And finally the Fourteenth Amendment allows any person born or naturalized in the United States due process, by ignoring any state law
What is a jury? A jury is group of persons summoned and sworn to decide on facts at issue (Meinhold and Neubauer). The Jury system is made mandatory by law, which calls on citizens to decide on disagreements, and matters in court. The jury is in fact one of the most important and critical aspects of the American legal system. All citizens are given the right to a fair jury trial, because the defendant is innocent until proven guilty.