The federal criminal pretrial process begins with the first appearance. This appearance is held before a magistrate during which the legality of the defendant’s arrest is initially assessed and the defendant is informed of the charges on which he or she is being held (Schmalleger, 2006). The setting of the bail or possible pretrial release arrangements takes place during this stage as well. At this point the judge will also decide whether or not the defendant will be held in jail until the trial.
Before the actual trial is held, the next step would be the selection of jurors. The list of citizens initially chosen for jury duty comes from a random drawing of voters and sometimes a drivers list is used (Jurors, 2006). The individuals must complete a questionnaire that will determine if they meet certain requirements in order to serve. The judge and sometimes lawyers will hold a session with each individual and ask questions that will determine if the juror will be fair in the case (How, 2006).
A presentation of evidence will be given before the jury that will influence their overall verdict. The two types of evidence that are used are physical evidence and witness testimonies. Witnesses are questioned through a process called examinations. This is done by both the prosecutor and the defendant’s lawyer. After both parties have presented their evidence, they will then give closing arguments. These arguments basically sum up the evidence and the views about the case to the jury.
Once the closing arguments have concluded, the judge will give instructions to the jury. He or she will explain the relevant law, how the law applies to the case being tried, and what questions the jury must decide. The standard of proof that the jury must follow in deciding the case is the most important instruction that will be given. In criminal cases, the defendant may be convicted only if the jury believes that the government has proven the defendant’s guilt “beyond a reasonable doubt” (How, 2006). Once this has been reached the verdict will be read.
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Before the actual trial is held, the next step is the selection of jurors. The list of citizens initially chosen for jury duty comes from a random drawing of voters<~~insert comma and sometimes a drivers list is used (Jurors, 2006). The individuals must complete a questionnaire that will determine if they meet certain requirements in order to serve. The judge and sometimes lawyers will hold a session with each individual and ask questions that will determine if the juror will be fair in the case (How, 2006).
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Once the closing arguments have concluded, the judge will give instructions to the jury. He or she will explain the relevant law, how the law applies to the case being tried, and what questions the jury must decide. The standard of proof that the jury must follow in deciding the case is the most important instruction that will be given. In criminal cases, the defendant may be convicted only if the jury believes that the government has proven the defendant’s guilt “beyond a reasonable doubt� (How, 2006). Once this has been reached<~~insert comma the verdict will be read.
Remove commas from all in-text citations.
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The federal criminal pretrial process begins with the defendant's first appearance before a magistrate. During this appearance, the legality of the defendant's arrest is assessed, and the defendant is informed of the charges being held against them. This is also the stage where the judge determines whether the defendant will be held in jail until the trial or if they will be granted bail or pretrial release arrangements.
Before the actual trial takes place, the next step is the selection of jurors. The list of potential jurors is initially chosen through a random drawing of voters or sometimes a driver's list. These individuals must then complete a questionnaire to determine if they meet the requirements to serve as jurors. The judge and sometimes the lawyers will hold a session with each individual to assess their fairness and impartiality in the case.
During the trial, both the prosecution and the defendant's lawyer present evidence to the jury. There are two types of evidence used: physical evidence and witness testimonies. Witnesses are questioned through a process called examinations, where both sides have the opportunity to question them. After both parties have presented their evidence, they then give closing arguments. These arguments summarize the evidence and present their views on the case to the jury.
Once the closing arguments are concluded, the judge instructs the jury on the relevant law, how it applies to the case, and the questions the jury must answer. The most important instruction given is the standard of proof that the jury must follow. In criminal cases, the defendant can only be convicted if the jury believes that the government has proven the defendant's guilt "beyond a reasonable doubt". Once the jury reaches a decision, the verdict will be read.