Wednesday, May 1, 2019
The Trial Process Essay Example | Topics and Well Written Essays - 750 words
The Trial cognitive operation - Essay ExampleThe statements make during the opening statement are not to be considered as trigger off of the evidence. Rather, they serve to build a connection between the two sides to the case and set straight the eyepatch that the case is going to take, while trying to influence the juries with the arguments and the evidence available. Even though there is no argument of the case at this phase, the peg, as one of the component of the discharge process serves to set the stage for the actual process of case trial (Wayne, 2003). The next component in the trial procedure is the prosecutions case presentation, where the prosecutor presents the evidence and all the information necessary to the case, in an attempt to fold that the defendant is guilty before the court (Sadakat, 2005). The prosecutor has to prove beyond a reasonable distrust that the defendant is guilty of all the charges aligned with him. If he fails to do this amicably, then the def ense back tooth take that the case be dismissed at this stage, without the need to proceed to offer the case defense. If the prosecutor provides able evidence to prove that the defendant is guilty, then the next stage follows. The next component of the case is the check and the cross examination of witnesses. Under this component, the witnesses are sworn under oath to give true and precisely facts regarding the case. Each side to the case will then examine the witnesses through a question and resolution session, where the counsels of both sides asks the witnesses questions to unearth some facts and prove the allegations already addicted (Zuckerman, 2012). During the cross examination, all attempts are made to indicate the inconsistencies and the loopholes that are left unsealed by the witness testimonies. The need for this component as divide of the trial process is to have each side to the argument discredit the other, based on the testimonies given (Wayne, 2003). The next component that follows is the defenses case, where the counsel representing the defendant will present their case, indicating how the case presented by the prosecutor does not qualify to make the defendant guilty before the court (Zuckerman, 2012). The defense can also seek to show the court that the prosecutor lacks sufficient evidence to prove the case against the defendants. In doing this, the defense counsel may cite the weaknesses made by the witnesses during the testimony session. The need for this component of the trial process is to indicate how the prosecutions evidence fails to meet the threshold of conviction that the defendant is guilty. At this stage, the defense calls their witnesses who also give the testimony, opposing the guilt of the defendant. After the defense makes their case, the prosecution can counterbalance to this, though only in relation to new suggestions that defense has noted which were not addressed by the prosecution (Sadakat, 2005). The next compone nt of the trial process that follows is the closing argument. Here, the prosecution presents their final arguments, addressing any applicable details to the case that they could have forgotten, in a summary manner. This is followed by the closing arguments given by the defense, summarizing their main points and giving any relevant information they could have skipped during the preceding stages (Wayne, 2003). Of importance is
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