Criminal Procedure And The Justice System

When someone has been accused of a crime, this sets in motion a series of legal processes with both sides arguing their case.  The various types of cases range from a misdemeanor all the way up to a felony.  The possible punishment for the defendant will depend on his plea, a prior record and the severity of the crime he is being accused of.

The prosecutor in a criminal case represents the people or citizens of the jurisdiction in which the crime was committed. It is his or her job to prove the guilt of the accused by using evidence and legal argument.

The defendant is represented by a defense attorney, either assigned by the court if he cannot afford one on his own, or by an attorney he has hired.  The defense attorney must represent his client to the best of his ability and he must always act in his client’s best interest.  He will often advise his client of the best action to take based on the merits of the case and the evidence being presented against him.  Any discussions between the defendant and his attorney are considered “attorney client privilege” and cannot be shared with anyone other than the parties involved.

The trial and prosecutorial process is known as a criminal procedure.  This is overseen by a judge to insure that both sides are staying within the boundaries of the law and that the trial is carried out in a fair and impartial manner. Most criminal trials are a jury trial, where the verdict is determined by 12 of the defendant’s peers.  During the jury selection process, both the defense attorney and prosecutor must agree on those selected to serve on the jury. Once selected, the members of the jury are not permitted to discuss the details of the case outside of the deliberation room and may not discuss it with family members and friends.

Some defendants opt for a bench trial.  A bench trial is allowed if the accused waives their right to a jury trial and the court agrees.  In a bench trial, the judge makes the final decision as to the guilt or innocence of the defendant and the verdict is treated the same as if the case were tried with a jury. These processes are in place to insure that when a citizen is being accused of a crime, that he has the proper legal counsel and is treated in a fair manner. There are also rules in place governing the conduct of both the judge and prosecutor.  Although the legal system does have some flaws, it ultimately is designed to provide justice which protects those wrongfully accused as well as those found guilty.

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