In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
The trail
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they make judgment on whether the person accused is guilty of committing the crime or not (Steps in the Criminal Justice Process, n.d.).
The opening remarks which are read at the arraignment are read again before the hearing begins. The presentation of evidence includes such things as direct evidence from key eyewitness as well as evidence that is obtained from the site of crime. This is all presented to the judge and jury. Likewise, circumstantial evidence is presented which connects the defendant to the crime. The constitution affords protection for the accused in the event that the evidence is tampered with by either members of the government or the public. "Any form of contamination of the evidence results in nullifying the evidence such that members who carry out investigations need to be cautious so as not to tamper with any relevant evidence" (Steps in a Trial, 2012).
Additional evidence is then presented by cross and direct examination of witnesses where both sides ask questions to the witnesses which are not leading unless during the cross-examination. The fifth amendment of the United States constitution stops a person from testifying against themselves so they are usually not questioned during the hearing. State law says that after all witnesses have presented their evidence to the court that both sides come together without the jury in order to go over the details of evidence that has been provided. This is all done in the presence of the judge. "If one side is not satisfied with the proceedings, rebuttal of the defense begins where witnesses comment and provide more evidence on the evidence which is presented by the defense. The jury is also given a chance to go over the evidence and at some point the judge gets to hear the verdict of each juror such that they are able to obtain the opinion of each one of them" (Steps in a Trial, 2012).
Sentencing of felony criminals
Sentencing is frequently left to judges who may ask for reports form probation officers. This helps in explaining the behavior and conduct of the accused. Felonies require mandatory sentencing but the judge in charge of the case has the final say in what sentence gets imposed depending on the convicted person's statement during sentencing. Felony cases require a sentence that lasts for at least one year although the judge may seek the alternative of probation depending on past actions of the person. Nonetheless, some sentences...
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