Essay Example on Criminal Process: Skipping the Trial to Reach Plea Agreement

In a criminal process, the trial is the section as provided in Order 35 of Rules of Court that most people are aware of although it is the part which very few cases go to. Most times in the pre-trial proceedings, the prosecutor and defendant reach an agreement where the defendant is given a lesser offense but to plead guilty instead. When the defendant pleads guilty, it is an automatic closure of the case since a verdict is given immediately. A trial must involve a particular procedure including various forms of evidence as will be discussed in this paper (Justia, 2019).

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The first is the voir dire process where the defendant has a right to be tried by a jury that includes even in the federal system. The jurors have interviewed the jurors placed in the panel just before the trial. The questions asked are to make sure that there are no biases in the juror and also to ensure that there is no conflict of interest. Both sides are given chances to ask questions to the jurors. The next step is for both of the sides to issue opening statements in a summary form to present the case. This part is discretionary where the judge can decide either to hear the opening statements or not(Justia, 2019).

In a criminal case, the case usually is on the prosecution to prove. Therefore, it is the prosecution that is responsible for presenting the evidence including bringing the witnesses to prove their case. The aim is to prove the matter beyond a reasonable doubt. The prosecution goes first t with their case where they issue all the required evidence ensuring that they have proved the case at hand beyond a reasonable doubt. At the same time, they have to ensure that the evidence is presented to the judge and the jury so that it can be seen for example if it is documented they are required to be in the original form and not faked ones so that the matter can be ruled in a just manner. Also, the court considers how such evidence was obtained to avoid applying proof that has been illegally obtained or any false evidence (Supreme Court, 2019).

The defendant is given a chance to defend himself. His attorney asks him questions as an examination in chief which is the part of the defendant to try and make all the matter raised y the prosecution for seeming not to be true. The defendant has this right to ensure justice is served upon him fairly. The chance is given to the defendant to make sure that a verdict is not passed before the defendant is heard because it is a constitutional right of an accused person. The next procedure is cross-examination where the prosecution tries to shake the evidence of the defendant in court. The last procedure is re-examination where the defendant or his attorney come back to clarify the issues that may have been raised during the cross-examination through the witness or defendant. This then marks the completion of the part of producing evidence in the court. The rest of the part is left for the jury and judge to decide on and then pass a verdict considering the facts and the evidence having been produced to the Supreme Court (2019).

In gathering evidence, there have to be tiny critical things that should be done to ensure that the evidence being produced is legitimate and has not been tampered with in any way. This makes it evident that can be admissible in court provided that it is obtained in the right manner. The investigator has to take notes as they collect evidence where the personal inference is recorded. While giving testimony in court, an investigator can be allowed to refer to his notebook. The crime scene should also be protected to avoid tampering with the evidence. This part is one which can lead to the loss of a case which most of the times has happened. There may be people who are paid to clear all the evidence available from the crime scene. If it is in matters that involve the production of evidence using technological gadgets, there is also a challenge. In an instance for example where evidence is stored in a flash disc, and a malicious person happens to tamper with the evidence that may have been stored for purposes of being used in court to prove the case beyond a reasonable doubt. Therefore the investigator is required to be careful enough when it comes to collection and storage of evidence for use in the trial (BC Campus, 2019).

Where there is an error for example in digital evidence that is produced in court, for instance where a person has an investigator has a personal interest, in that case, the aim usually is to hide the truth from being discovered. This will more often lead to a case being dealt with in a manner that will not be as would be expected. The aim of tampering with evidence is to make it favorable to the party on one side. To avoid such an instance all evidence that will be used in a matter should always be protected to avoid tampering. Also, other types, for example, fingerprint collected and pictures tend to be safer when there are both in soft and hard copy so that there can be back up of the evidence that will be required for use in court. These stimulators of tampering with admissible in court may affect the verdict of the matter Goodison S., Davis R., Jackson B., 2015).

Miranda allows the accused person to remain silent or else ay word that they say during an arrest will be used as evidence against them. It is best that an accused person remains silent so that they formulate good evidence together with their attorney in court. The evidence assists a court in weighing the probabilities if the prosecution proves the case beyond a reasonable doubt with the evidence produced, the accused will be found guilty and sentenced with the stipulated law. If no one has tampered with evidence and is original, it helps the jury to reach a verdict considering the circumstances of the case. The defendant has the right to appeal where the verdict is not passed in his favor. Provided that the verdict has been passed through a fair manner without conflict of interests over the matter and surpassing all the challenges, all that is important is for justice to be served and the guilty to be made aware of the wrong committed and taken through the process to become better in prison.

References

BC Campus (2019). Introduction to Criminal Investigation: Process, Practice, and Thinking. Retrieved from https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-8-crime-scene-management/Goodison S., Davis R., Jackson B., (2015). Digital Evidence and the US Criminal Justice System. Retrieved from https://www.rand.org/pubs/research_reports/RR890.html

Justia (2019). Stages of a Criminal Trial. Retrieved from https://www.justia.com/criminal/procedure/stages-criminal-trial/

Supreme Court (2019). Trial. Retrieved from https://www.supremecourt.gov.sg/rules/court-processes/civil-proceedings/trial