Trial Process, Criminal Procedure & the 4th and 5th Amendments

The Trial Process

Generally speaking, the trial process is comprised of several steps, including steps that take place even before a trial begins. In preparation for a trial, attorneys and paralegals on both sides of the case will organize and manage any documents and evidence, as well as secure the witnesses, exhibits, and the trial notebook needed for the case. Before the trial, both attorneys will meet with the trial judge to discuss any pretrial motions, the evidence being presented during trial, and the way the trial itself will be undertaken. Afterwards, an extensive jury selection process takes place. It is important for both attorneys to vet and question the potential jurors to help avoid bias towards any party. This is called voir dire. Challenges during voir dire are unlimited and allow attorneys to exclude jurors on the basis of suspected bias. Paralegals also have a role to play in the selection process. They can prepare juror profiles and observe the demeanor of potential jurors to help analyze any bias. Sometimes a viable and current juror won't be able to make it to the trial for whatever reason. Alternate jurors are prepared in the case that this occurs.

Finally, the trial phase is ready to commence. Paralegals don't always attend the trial, but when they do, it's common for them to coordinate witness availability, note and compare witness testimonies before and during trial, and assist the attorney by providing reminders and any necessary documents. When a trial begins, opening statements are made. This is followed by the plaintiff attorney presenting their case, evidence, and calling any witnesses. When witnesses are called to testify, a direct examination is made by the plaintiff. If the defendant attorney wishes to question the witness afterwards, a cross examination is made. When the plaintiff is finished presenting their case it is time for the defendant to present theirs. After both sides have presented their case, closing arguments are restated before the verdict. Finally, the trial judge will instruct the jury as to what the applicable law is and how it should be applied to the facts of the case. When the final verdict is made, a court enters a judgment.

The Criminal Procedure

Before the trial of a criminal case, a couple of preliminary steps are taken to justify the case. Obviously, to have a criminal case a criminal must be arrested and booked. Police officers always need probable cause to make an arrest, so typically an arrest warrant is issued by the court. However, most criminal arrests are made without an arrest warrant, due to the justifiable circumstance. When police officers make an arrest they must inform the suspect of their rights, also known as Miranda rights. The suspect is then placed into a holding cell, or jail, and their information is taken. After an arrest, an investigation is made by the police department to collect evidence to prove that a prosecution should be made against the suspect.

When a suspect is formally charged via indictment, a court proceeding called an arraignment has taken place. Once this occurs, the suspect responds to the charges by entering a plea. Their options: Guilty, not-guilty, or nolo contendere (No contest). The most frequent plea by suspects is the admission of guilt. Oftentimes, a court will offer a suspect a plea-bargain, or lesser sentence if guilt is admitted, in order to skip the trial phase. If a not-guilty plea is made, the trial commences. If a no-contest plea is made, the suspect neither admits guilt or non-guilt, but the plea is operated as if the suspect pleaded guilty. Typically, a suspect will plea no-contest to avoid being charged in a civil case later on.

As mentioned before, an indictment is needed to trigger the arraignment process. This indictment is decided upon by a Grand Jury that is called upon by the prosecutor to review any evidence that might justify a trial to take place. Grand Juries oftentimes take the place of a prosecutor's information. However, this is only common with the Federal Government and about half the states in the country.

The 4th and 5th Amendments

The 4th Amendment of the constitution prohibits any unreasonable searches and/or seizures of your person and/or property. If law enforcement don't have reasonable grounds to make an immediate arrest, then an arrest warrant must be issued by the courts. 

The 5th Amendment of the constitution comprises of several parts and provides citizens with due process (reasonable and fair trial process), prohibits double jeopardy (trying someone more than once for the same case), and provides the privilege against compulsory self-incrimination (The act of implicating oneself in wrong-doing).

Key Terms

An intentional tort is a wrongful act or infringement of a right that is done intentionally to another person or their property, knowing fully the consequences of their actions regardless of intent to do actual harm.

A tort of negligence occurs when one suffers an injury due to another's failure to meet required duty of care. This is different from an intentional tort since the tortfeasor had no intention to cause harm. Careless behavior, with or without the intent to do harm, still imposes a risk on another.

Strict liability is imposed on an individual regardless of fault if any harm is done to another or another's property. For example, the owner of a company might release a defective product into the marketplace, regardless of intent or knowledge of defects, which results in the injuries of several people. The owner takes direct liability and responsibility for the injuries. This type of liability gives incentives to companies, and the like, to take extra amounts of care when interacting with the public at large.