Criminal Conviction by Judge or Jury

The final judgment where the prosecution finds the accused to be guilty of committing a crime is generally known as "criminal conviction." The government of the United States of America uses the law in order to administer justice and bring about social equality throughout the length and breadth of the nation.

Although the criminal justice procedures may vary from state to state, the main principles of the process remains almost identical. You can check out the criminal conviction guidelines of Texas from http://www.license.state.tx.us/crimconvict.htm. Information for other states of the country can be accessed from their respective websites as well.

Investigations as well as the issuance of search warrants are the initial steps for a criminal conviction. Interrogation, arrest and registering the complaints follow and are fairly common to all the fifty states. The local law enforcement agencies usually investigate the case after receiving and registering a valid complaint. The officers of law file a written complaint against the accused, which helps to set the criminal justice process in motion. The arraignment process follows and constitutes a hearing of the case in an open court.

Judge Trials

If you are facing a criminal conviction trial, you may find it easier to face a judge instead of opting for a jury. This will help you save time by not having to make a jury request. You also do not have to worry about each and every jury individually. Settling for a judge trial is liable to be much easier and informal as strict adherence to courtroom procedures may not be mandatory all the time.

It is often seen that a judge trial is much more effective in spotting your weak points whereas the jury may often have a member sympathetic to your cause. Inflammatory remarks or improper evidence are often spotted at a judge’s trial as he or she is knowledgeable in matters of law. The judge has the sole authority of returning a verdict in judge trials, and the attorneys need to present hardcore evidence substantiating their claims instead of trying to arouse sympathy-which is a common occurrence during jury trials.

Jury Trials

Selection of a jury is one of the main factors affecting the outcome of your trial. The entire procedure must have your undivided attention. While it is possible to remove a juror because they may not seem suitable, attorneys of either side may also remove a juror for apparently no reason at all. Jury selection is also the right time to educate the members of the jury on the basics of the case on trial.

The opening statement of the attorney is of crucial importance, particularly when the outcome can easily end up in conviction. The members of the jury get acquainted with the parties, the details of the case, as well as the turn of events during this period. The attorneys are not permitted to argue the case while presenting the opening statement of the case.

The direct examination of the jury trial deals with questioning of the witnesses. The questions are normally open-ended, which allows the witness to recollect the events of the case and present the facts as coherently as possible. The cross-examination comes next and the attorney is allowed to question the witnesses of the other side. Most of the queries are in the form of leading questions while the attorney tries to cross-examine the witness on the stand.

The closing argument is virtually the last step of convincing the jury in favor of the client and the attorney tries to sum up the case effectively on the basis of the evidence presented. The trial now comes to an end with the jury retiring to another room to discuss the case before returning their verdict. You can visit www2.state.id.us/ in order to learn about the detailed procedure for a jury trial.

Sentencing

Criminal sentencing procedures are as varied as the types of offenses committed. A judge is at liberty to release a criminal by imposing only a monetary fine or several fines grouped together. However, more serious offenses are usually punished severely. Imprisonment or incarceration is usually handed out to convicted criminals who have been found guilty of serious offenses. It is also a common punitive measure for people violating the law repeatedly.

First-time offenders are normally not treated very harshly by the law. Apart from grave crimes like murder or manslaughter, most offenders are put on probation for a period of time. It is a possible way of deterring the criminal from resorting to unlawful means yet again. A fine is often imposed on an offender placed on probation as well.

Probation can also amount to spending a great deal of time doing community service. It is seen as a means of turning the convict’s mind to beneficial and productive actions. House arrest may also be imposed on the offender, where he is restricted from moving around too freely. Most of them are monitored by means of ankle bracelets. 

Parole differs from probation as the offender on parole is required to spend quite some time within the confines of a prison. People may often be up for parole on grounds of good behavior. Convicts not likely to commit crimes again are often let out on parole. There are certain limitations in this case, and freedom is often restricted by a number of terms and conditions imposed on the offender. Statistics pertaining to sentencing of criminals can be viewed by accessing the U.S. Department of Justice’s resource at http://www.ojp.usdoj.gov/bjs/sent.htm.