Intro To A Criminal Case And The Judge’s Role

A criminal court case is essentially a legal scenario in which an individual(s) is being tried for his past indulgence in an activity that’s deemed file_1065869_best+tv+judges5illegal by the government or legislature. The accused’s action, in this case, is viewed as against both the affected individual and government. If convicted, the criminal case accused could be ordered to remit a fine, perform community service, go to jail, and/or finish other elements of the sentence, like taking a drug rehabilitation program.

Trial Process

The trial process begins with an offense, which is being reported by the victim to the law enforcement. The concerned officers amass details about the particular offense and forward it to the prosecutor, who works for the government. He ascertains whether the criminal case is worth pursuing. In a criminal case, the victim doesn’t decide where the case should be prosecuted. The prosecutor has to take that decision. The victim could be asked to provide information as a witness.

The Judge

The court judge invariably comes across several such criminal cases almost on a daily basis and therefore has to change hats or take up different avatars to come up with the right judgment.

A criminal judge manages cases, arranges schedules, and hears juries and motions. A criminal case could get transferred between courts for arraignment, motions prior to trial, etc. Although court staff and clerks could issue notices and keep calendars, a judge has the sole authority to make implicit decisions – at times, emotional, complex or notorious.

When a judge puts on that black robe, he personifies the legal system. In a criminal case, where a penalty can change or maybe even end the life of the defendant, a referee who is objective in discourse is imperative to make sure due process and civil rights are adhered to. The judge must settle issues between advocates, control contentious spectators, support scared witnesses, and maintain order between opposite lawyers. Appeals usually stem from refereeing mistakes committed during a trial by judges.

Jury – Fact Trier

Since a criminal trial is extremely dependent on the quality of proof, establishing facts pertaining to the law is paramount. The jury of a criminal case is considered the ultimate fact tried – it determines the guilt or innocence of the defendant. However, the judge solely arrives at the decision in the case of a bench trial. Irrespective of the trial type, the judge should rule on the evidence information’s applicability and validity, and also the credibility of the witnesses the experts introduced to the court.

Accuracy of Information

The jury and judge should work in tandem to ensure an unbiased and fair hearing and guilt determination in criminal case trials. A judge should oversee examinations conducted by lawyers and control dissimilar interests to enlist an unbiased jury. A judge should safeguard the jury from perusing extremely prejudicial data, propaganda or hearsay. In case such information is brought to the table, the judge should instruct the jury to overlook it. The jury receives instructions from the judge on how to perform its job. The judge supports the jury by clearly explaining what the various laws mean and the court procedure is. Knowledge of the laws is essential for the jury to arrive at an informed decision.

The proof standard required for a civil case is not as high. This is because civil cases typically entail a wrong committed by one individual against another person where there is no harm inflicted upon the society as such. A civil case’s outcome is also different from criminal cases. A fine is usually the penalty – imprisonment is extremely unlikely.

Criminal Case Sentencing

Determination of guilt ushers in a criminal case’s sentencing phase. The judge comes up with the penalties considering the arguments of the opposing attorney and recommendations put forward by the jury. In the case of a bench trial, the penalties are determined and announced by the judge. In the case of stipulation-settled cases, the judge should authorize any proposed disposition.

At times, an individual could be put through a trial for action in a criminal and also a civil case. A murder case is a good example. A murder is considered anti-social activity, which explains why it’s considered a criminal act. That said, the bloodshed also harms the victim’s family. This means the accused could be taken to court and sued for damages.

Conclusion

No individual is guilty until proven. This is why there are several safeguards in a criminal case designed to make sure the accused’s representation in the court is fair too.

Posted in Uncategorized

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>