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Category: English Composition
Date Submitted: 02/12/2014 01:35 PM
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* stages of a criminal case
* criminal justice system
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A criminal trial is scheduled if a defendant continues to plead not guilty after the preliminary hearing and plea bargain negotiations have ended. If pre-trial motions have failed to get evidence thrown out or the charges dismissed, and all efforts at plea bargaining have failed, the case proceeds to trial.
At the trial a panel of jurors determines if the defendant is guilty beyond a reasonable doubt or not guilty. The vast majority of criminal cases never get to the trial stage. Most are resolved prior to trial in the pre-trial motion stage or the plea bargain stage.
There are several distinct phases of a criminal trial proceeding:
Jury Selection
In order to choose a jury, typically 12 jurors and at least two alternates, a panel of dozens of potential jurors are summoned to the court. Usually, they will fill out a questionnaire prepared in advance that contains questions submitted by both the prosecution and the defense.
Jurors are asked if serving on the jury would present a hardship on them and they are usually asked about their attitudes and experiences that might lead them to be biased in the case before them. Some jurors are typically excused after filling out the written questionnaire.
Questioning Potential Jurors
Both the prosecution and the defense are then allowed to...