|Type of paper:||Essay|
|Categories:||Law Criminal law Court system|
The Court System is associated with specific procedures when it comes to handling various cases. Apparently, criminal cases constitute the commissioning of the acts which have been outlawed by the laws of a country. Criminal cases are punishable using different approaches such as probation, an imposition of fines, imprisonment and in some instance, capital punishment is applied. It is the duty of the judge to guarantee the protection of offender’s rights as well as ensuring the constitutional provision is respected and upholding the rights of the crime victims. The trial process of a criminal case is a necessary procedure which involves assessing and analyzing the evidence provided, thus paving the way for the passing of a verdict. It is, therefore, imperative to analyze various potential issues that are likely to impact on the trial process.
Issues that are likely to Impact on Each Stage of the Trial Process.
The trial process constitutes of multiple stages, which ought to be completed successfully to reach an appropriate verdict. The first step involves notifying the police regarding the crime committed. A police investigation is in the second phase. This encompasses interviewing victims and suspects. A collection of the physical evidence (Michigan Prosecutor, 2016), photographing and identification of suspects is made as part of the investigation process. Police investigation can be affected by the poorly done investigation. For instance, example, witnesses can opt against testifying, which will significantly derail the process of trial. It is essential to provide the witness with maximum protection to ensure they prove without intimidation.
Making an arrest is the third step. The fourth step Reviewing of the charging request which is done by Prosecuting Attorney. Many cases usually begin at this stage. It is the first time in which the office of the Prosecuting Attorney is involved with a case. At this phase, the prosecutor determines whether the accused will be charged off his/her crimes or not as well as identifying the nature of the offense (Michigan Prosecutor, 2016). Poor reviewing of all reports, evidence, and documents concerning the case is one of the issues at this stage, which can ultimately impact on the trial process. When the case has been poorly investigated, it is imperative for the Prosecuting Attorney to refer the case back to an officer in charge to carry further investigation.
During the stage of arraignment, the accused is given a chance to defend himself. This involves either pleading guilty or not guilty. In some scenarios, there is no contest. The next step is the trial. Hearsay is one of the issues that affects the trial. Hearsay, which is a statement usually made outside the court is done to attest the facts presented in a report. Hearsay is mainly omitted at the trial since it is termed to be unreliable (Groscup, 2006). However, psychological issues have since been raised indicating that hearsay can still be reliable during the trial stage. For example, the hearsay statements can be used to determine whether the declarant is still haunted by stress. This claim is solidified by the psychology of memory, perception or deception.
Possible Errors and Potential Impact on the Case.
Apparently, the government covers most of the risks emanating from the failure during a criminal trial. These risks can be categorized as an asymmetric, symmetric risk of errors. These forms of errors can have an adverse impact on the judicial system. For instance, in asymmetric risks of errors, there are increased the number of acquittals as compared to the symmetric risk of mistakes. For example, in a reasonable doubt, the evidence needed when it comes to validation of a criminal conviction (Laudan, 2006). Under such circumstances, the Prosecutor bears responsibilities and burden of proof, implying that he/she is obligated to present their account of events to the anticipated standards. This indicates that reasonable doubt is vulnerable to prejudicial errors. For instance, it can hinder the defendant or victims from making an appeal in a given case.
There are also some issues associated with the admissibility of certain evidence which can pave the way of error which can be adverse in the trial process. Prosecutors and accused embroiled in the criminal proceedings are allowed to provide evidence, which is vital in strengthening their allegations. The state will be tasked at bearing a guilt-proving burden whereas the offender will be expected to present a significant evidence, as a way of challenging the case tabled by a state (Laudan, 2006). Admissible evidence can be blighted by the preserving error. This can prompt a jury to grant the defendant with an opportunity to appeal a case. The impact of Miranda can also play a significant role when it comes to passing a verdict on a criminal trial. According to the Miranda, the defendant has the right to remain silent as well as having access to the services to an attorney. If an accused cannot find an attorney, one will be appointed for him/her. In some cases the, the appointed attorney can be misinformed on the case, resulting in prejudicial errors.
The trial process remains to be a core component of the court system. There are various steps in a trial process, which ought to be completed efficiently to guarantee an appropriate verdict on the presented cases.
Groscup, J. (2006). How does hearsay affect a trial? ohn Jay College of Criminal Justice, 25.
Laudan, L. (2006). Truth, Error, and Criminal Law: An Essay in Legal Epistemology. Cambridge University Press.
Michigan Prosecutor. (2016). Steps In A Criminal Case: WHAT HAPPENS DURING A CRIMINAL CASE. Michigan Prosecutor, 1-6.
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