A judge has five basic tasks, first making sure that order is maintained throughout the courtroom and throughout the trial. Second is determining if evidence provided by either party is admissible. Third before a trial begins the judge gives the jury instructions about the law and how the laws apply to the case. Fourth during a bench trial the judge must determine the facts and decide the case. The fifth task is to sentence convicted criminals.
The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case. Fourth, in bench trials, the judge must also determine the facts and decide the case. The fifth is to sentence convicted criminal defendants. The Lawyers-The lawyers for each party will either be sitting at the counsel tables facing the bench or be speaking to the judge, a witness, or the jury.
Prosecution Versus Defense Paper Elizabeth Stebbins 220 March 10, 2013 David McNees Prosecution Versus Defense Paper The role of the prosecutor and the defense counsel are similar in as many ways as they are different. The prosecuting attorney represents society because a crime against one is seen as a crime against all. The defense attorneys represent the individuals’ accused of the crime. The prosecuting attorney “is responsible of preparing and presenting the state’s case against defendants in criminal and civil cases” (Meyer & Grant. 2003. p. 114).
Denise and Mercedes Background/Review of the Literature: A description of what has already known about this area and short discussion of why the background studies are not sufficient. Summarize what is already known about the field. Include a summary of the basic background information on the topic gleaned from your literature review (you can include information from the book and class, but the bulk should be outside sources) Plea Bargaining is a widely known form of plea and is known as "the process whereby the accused and prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that possible for the graver charge." Plea bargaining usually occurs prior to a trial but in some cases may occur anytime before a verdict is rendered.
Pretrial Defense Motions By: Rebecca Taylor Pretrial hearings take place after a defendant has had a preliminary hearing or a grand jury indictment. A defense attorney uses pretrial hearings to set boundaries on the prosecution during the trial stage. What evidence can be used, the types of arguments that can be made, and what witnesses may appear to testify ends up being based on what pretrial motions are made and whether they are permitted or rejected. There are a multitude of motions that a defense attorney may file, and a couple possible motions that a defense might propose during pretrial hearings are motions to suppress, motions in limine, and discovery of evidence. Motions to Suppress The most commonly used defense motion
Justification and excuse will be described as well as the outcome of each case. Types of Defense A defense consists of evidence and arguments offered by a defendant and his or her attorney to show why a person should not be held liable for a criminal charge. There are two types of defenses, factual and legal. Factual defense is when an individual insist he or she did not do it. Legal defenses can have a signification effect on disposition of the case.
The main purpose of the preliminary hearing is to establish whether there is sufficient evidence against a person to continue the justice process. There are three outcomes you can get from a preliminary hearing: the charges can be dismissed or dropped, a bail or detention hearing can be held, or a guilty plea can be found. There are many challenges that face the defendants, prosecutors, and the entire court when it comes to the preliminary hearing. Most prosecutors would rather go before a grand jury rather than hold a preliminary hearing. Going before a grand jury is favorable to the prosecutor because the jury only hears what the prosecutor has to say and will then deliberate whether the case should go to trial or not.
Courtroom Discretion Q&A Response Misty Moore, Victoria Hardin and Elizabeth Ortiz CJA/224 September 19, 2011 Rick Rice Courtroom Discretion Q&A Response What is prosecutorial discretion? When a crime happens evidence is gathered, witnesses are found and a case file is established all the information. Due to an overabundance of case files, prosecutors review each file and which will be brought to trial. When there is enough evidence to convince the prosecutor the person suspected of committing the crime is guilty without a reasonable doubt, he or she will pursue the case to trial. Many decisions pertaining to a case going to trial and how actively they pursue the case are left up to prosecutors and how they view the evidence and what the evidence means to them.
The Bill of Rights Introduction to Criminal Justice March 3, 2013 There are many legal rights that we have during a trial. This Bill of Rights provides certain rights to criminal defendants during trial. There are two aspects of the U.S. criminal justice system and they are the defendant is innocent until the prosecution can prove guilt beyond a reasonable doubt (NOLO: Law for All, 2013). Defendants have many other rights and here they will be discussed. The right to confront witnesses is stated that in the sixth amendment “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him.” They are allowed to participate in the accused’s trial process.
According to the Sixth Amendment of the United States Constitution it reads: “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 is favor, and to have counsel for his defense.” (The Sixth Amendment, 2008-2013, p. para 3) A criminal trial is a chance for both sides to present their case to the jurors---the prosecuting attorney maintains its case by proving the defendants “guilt,” while the defense