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One of the most vaguely understood events in the United States is the modern criminal trial. Most people have a faint knowledge of the goings-on of criminal proceedings, mainly due to what is seen on television, but the person who knows the real course of a trial is rare. However, there is nothing mysterious about the events that determine criminal guilt. Trials are carefully orchestrated, following procedures that have been laid in legal concrete over the years, and generally follow the same basic format across the United States. Criminal law is distinguishable from civil law in the aspect that criminal acts are officially considered to injure not only individuals, but society as a whole. This is the reason why criminal cases are described as state v.
offender. The state, as the injured party, is taking the defendant to court. The purpose of a criminal trial is to determine if the offender is legally guilty of the crime, but this does not necessarily mean that the person in question committed the crime. As opposed to factual guilt (the person did it), legal guilt merely means that a jury of the defendants peers is convinced without reasonable doubt.
As can be seen, this leaves room for possible discrepancies. Before a trial can proceed, certain events must take place. The first is the arraignment of the defendant, which can happen anytime between arrest and a logical, non-specific time before the trial itself. Arraignment consists of the court reading to the defendant the substance of the charge, and calls on the subject to enter a plea within a given time. The defendant may consult with and be advised by an attorney on what plea to offer the court.
He may plead guilty or no contest (nolo contender), in which case a trial does not occur and the subject goes directly to a sentencing hearing, or he may plead not guilty, and trial preparations will proceed. In very rare cases the defendant will not enter a plea, and is said to stand mute. Directly after entering a plea of not guilty, the defendant must decide on one, if any, of many courses of defense to follow. A plea of guilty or no contest that is withdrawn by the defendant cannot be used as evidence against the defendant.
One of the most popular defenses is the alibi defense. This course of action holds that the defendant was at another location at the time of the offense, and therefore could not possibly have committed the crime. If an alibi is to be offered, the defendant has a court-appointed time in which he must declare his intentions. The attorney for the state will send a notice describing the time, date, and place of the offense, and the defendant must refute this information.
If the defendant issues notice of alibi but then withdraws the claim, this information cannot be held against him later in court. Another popular defense is the insanity defense. The court definition holds that a person should not be guilty if they did not know what they were doing, did not know that what they were doing was wrong, or if their actions were the result of a mental disease or defect. This obviously covers a lot of area, which is part of the reason for its popularity.
If the defendant plans to claim insanity, he must notify, in writing, the states attorney of his intentions, and also file a copy with the court clerk. Failure to follow these guidelines results in the disallowance of the insanity claim. A withdrawn claim of insanity is not admissible as evidence against the defendant. There are many other defenses, divided into three categories, that are much less common than alibi and insanity. The first of these categories is designated other defenses.
The following are examples of these. Temporary Insanity implies that the defendant was only insane at the time of the offense, and was once a very popular defense, as the defendant usually got off scot-free. However, due to recent restrictions, it has lost its appeal. Guilty but Insane, a defense that is all but extinct, resulted in a stiff penalty, but mandatory psychotherapy was included in any sentence. Involuntary Drunkenness, holding that the defendant was intoxicated against his will, is rarely used, although it has resulted in a number of successes in court. Unconsciousness is even more rare of a defense, and is used if the defendant committed a crime while sleepwalking, having a seizure etc.
A Chemical Imbalance defense is used if the defendants actions were influenced by the consumption of food products or stimulants, including but not limited to sugar, nicotine, and caffeine. Premenstrual Stress Syndrome, or PMS, is a very new defense and not yet even officially acceptable. However, it has been successfully used in Virginia. The second group of defenses is labeled special defenses. One that is fairly commonly used is Self Defense, holding that the defendant committed the crime in self-defense to avoid physical harm.
Duress, on the other hand, is not common, and is used when the defendant claims to have committed a crime in order to alleviate a prior wrongdoing against him. The Entrapment defense has become the subject of media attention, since its implications are a bit sinister. It is implied that law enforcement officers have created a crime solely for the purpose of prosecuting the defendant. In the case of an Accident defense, the offense is said to have been purely accidental on the part of the defendant. Mistake says that the defendant committed an unwitting crime due to outside forces that precipitated the actual offense.
A defense of Necessity is rare, and is only used when the survival of the defendant was at stake. It is only truly useful if no serious harm was done. Provocation is a fairly new defense, and one that was sought after by defense attorneys for years. Under this defense, a defendant is acknowledged to have been provoked by a tormentor to the point of lashing out. Consent, the last defense of this group, holds that the crime committed was done under consent of the victim. The last group of defenses is the procedural defenses that point fault at the court.
The first of these is Double Jeopardy. This occurs when a subject is prosecuted twice for the same offense. Although this is unacceptable under the Constitution, there is an exception to the rule. If a crime was committed in two jurisdictions, then two separate trials may be held. Selective Prosecution charges that the defendant has been singled out for prosecution due to discriminating factors. A defense of Denial of Speedy Trial is usually quite effective, because a trial must be held within a reasonable, given time after arrest.
If the court breaks this rule, the defendant must be released. This rule is not applicable if trial is delayed by actions of the defense. The last defense is Prosecutorial Misconduct, and holds that the prosecution has used bad ethical practices, such as hiding evidence or producing false testimony. Another defense, the Infancy Defense, may only be used by children.
Children below the age of seven cannot be tried for any crime, no matter how serious. The age of prosecution as an adult varies, but ranges from ten to eighteen years of age. Disclosure is a major part of trial rights. Upon request from the defendant, the government must disclose all evidence and testimony that is to be brought against the defendant.
On the other hand, if this occurs, the defendant must disclose defense evidence to the government if requested. At the same time as the other trial preparations, the jury for the trial is selected, usually from the same district as the crime was committed in, and subpoenas are sent to witnesses. Subpoenas are issued by the clerk and state the name of the court and the proceeding. They may also command the person to produce documents or other evidence. Failure without adequate excuse to obey a subpoena may be deemed contempt of the court. Once a trial actually begins, the struggle of the prosecuting att...
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