The importance of the trial process: Fair and impartial?

Type :

Term papers

Pages :

4 pages

Format :

.doc

Published date :

07/28/2009

Category :

Law & contracts

Sub category :

Civil law

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Summary :

Introduction
The case in criminal offenses
Importance of understanding the cause
Purpose of opening statements
Presentation of the case
The trial process
Conclusion
References

Abstract

The American legal system exists for the purpose of enforcing the laws created by the legislature. The trial process does not exist only because common law and American law deems it necessary. The processes that are involved are necessary for the enforcing the law. Each of the parts are defined and performed ritually for every case. Aside from just being an elaborate ritual, the process is also an exercise in protecting the substantive portion of law. Each part works to ensure that law is enforced by trial, that guilt is determined and that, if found guilty, appropriate punishment is served. To observe the trial process, it is necessary to delve into the pretrial, trial and post-trial procedures. For all intents and purposes, this look into the trial process will focus on criminal trial cases.

In criminal cases, the pretrial can be where it is determined whether or not the case will even go to trial. The first thing that happens is the formal pressing of charges. It is up to the prosecutor's discretion to press the charges that are originally filed by the complainant or the police. In a preliminary hearing, a judge decides whether or not the prosecutor's case is strong enough to go to trial. In some hearings, the judge is required to approve the case to go to a grand jury who then agrees to the indictment of the accused (Scheb & Scheb, 2002, p. 330).