Jury Trial Analysis

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Jury Trial Analysis Outline Taylor Drake CJA 364 April 21, 2014 Roderick Shelton Jury Trial Analysis Outline I. Introduction A. When a crime has occurred and a person or persons are arrested, the criminal process begins. B. After booking, the accused will have an initial appearance where right to counsel is applied and the defendant will be notified of why they are being detained. C. Depending on the type of crime being evaluated, temporary release or detainment is determined based on Eighth Amendment Rights. D. Thesis- All citizens, guilty and innocent, are guaranteed the right to fair and speedy trials when they enter the criminal process. II. Beginning The Trial Process A. Before a trial takes place the preliminary hearing occurs where the prosecution must provide enough proof to take the case to trial. 1. The proof needed is probable cause 2. The judge will determine if the prosecution of defense has a stronger argument B. Defendants are released if enough evidence is not provided at preliminary hearing III. Arraignment A. Defendants are formally charged with the crime they are being held for B. The defendant enters a plea 1. Guilty- admission of allegations 2. Not guilty- defendant denies committing the crime 3. No contest- same as guilty but may not be used against defendant in later litigations C. The trial goes to jury IV. Selecting an Impartial Judge A. Defendants have the right to an impartial judge based on the Fourteenth Amendment 1. Judges must not seek to gain financial amenities or have a pecuniary interest in the issue presiding over the case 2. Only the judge who is not impartial can remove himself or herself from the case B. If a judge is biased the second way to remove them is for either party to peremptorily remove them V. Selecting a Jury
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