The Trial Stages of a Criminal Case
The trial stage comes immediately after the pretrial motion and prior to the sentencing stage in a criminal case proceeding (Lee, 2010). The aim of the pre-trial motions is usually to determine whether the criminal case has enough evidence to trial initiate proceedings. Once it has been decided that the evidence is sufficient in the pre-trial motion the case proceeds to the trial stage. The aim of the trial stage is usually to evaluate the evidence presented against the defendant in order to determine whether the defendant is guilt or not (Lee, 2010). The trial process must be able prove that the defendant is guilt beyond reasonable doubts. When the defendant is found guilt the criminal case proceeds to the sentencing stage and if not guilt, then this marks the end of the case.
The trial stages have various participants. The first one is the judge (Lee, 2010). The judge plays the role of a referee in the trial stage. His main roles is make sure that the defendant is subjected to the appropriate trial procedures and also issues the final ruling based on his or her interpretation of the law. It is also the responsibility of the judge to asses the evidence presented before the court and is also expected to give impartial decisions based on the evidence provided. The judge listens to the witnesses, evaluates the facts provided for and against the defendant and then compares them to what the law states before giving his ruling. Another possible participant to the trial stage is the jury. The jury is panel which may entail 12- 36 members (Lee, 2010).
The jury is also supposed to deliberate on the evidence provided and each member required to vote for or against conviction. If majority vote for conviction the decision of the jury will be that the defendant is guilty and vise versa. Other participants to this stage include; the defendant, the prosecutor and the witnesses. The defendant is the person to whom the criminal charges are directed to. The prosecutor is the representative of the state in a criminal proceeding (Lee, 2010). His work is to provide evidence that will prove that the defendant is guilty. Witnesses are individuals who are called upon during trial to give testimony that will support or disprove the criminal case.
Kenneth E. Barnes and the State of Pennsylvania is an example of a criminal case proceeding (Montaldo, 2008). In this case, Barnes who was 45 years was accused of participating in attempted bank robbery which involved a car bomb explosion. The incident took place in August 28, 2003 where Barnes and his friend Brian Douglas attempted to rob a bank branch in Erie. Though another person was identified as the master mind behind this crime, Barnes was accused of being actively involved in the planning of the crime. After reviewing the case the Judge ruled that Barnes was not a minor player in the case as he proposed how the bomb should be made, even went to the extent of doing research about the bomb and was present during the explosion.
The judge therefore rules that Barnes is guilty in the carbomb case. During the sentencing stage, Barnes was given a 45 years imprisonment. The trial process was involved when the judge was required to evaluate the evidence that would prove that Barnes was an active participant to the bombing. From the evidence provided the judge discovered that Barnes had contributed materially and technically to the making of the bomb and was there during the explosion. Based on this evidence the judge ruled that Barnes was guilty.
References
Lee S. (2010). Plea Bargaining: On the Selection of Jury Trials. Caltech Education. http://www.hss.caltech.edu/~sangmok/wp/plea_bargain.pdf
Montaldo C. (2008). Man gets 45 years in a Carbomb Case. May 9, 2011. http://crime.about.com/b/2008/12/04/man-gets-45-years-in-collarbomb-case.htm
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