Part 2 (short essays)

Question 1

Name all the people involved in the trial process?

Answer 1

1. Defendant/accused –Presumed innocent until found guilty beyond a reasonable doubt
2. Prosecution/district Attorney/assistant district Attorney – present the evidence to convince factfinder beyond reasonable doubt
3. Judge – is the determiner of law/due process(if defendant waives right to trial by jury then the judge is also the finder of fact
4. Jury- Finder of fact
5. Bailiff/court officer – maintains order in court room, protects the judge, as well as defendant in custody.
6. Defense attorney – makes sure the defendants due process rights are protected, challenges prosecution to reasonable doubt
7. Witnesses – all evidence presented through witnesses
8. The public – the peoples witness, all criminal cases are open to public according to the sixth amendment
9. Probation officer – observes trial, provides judge with evidence, connection to the correctional system
10. The clerk – manages paperwork of evidence and swears in jury
11. The court reporter – keeps the records by audio or typed

Question 2

Describe the judge’s importance in a criminal trial

Answer 2

– Makes sure all parties including witnesses follow court procedure.

• ensures fair trial
• follows law of evidence
• can act as fact finder
• instructs Jury about laws pertaining to the case

Question 3

Describe law of evidence

Answer 3

• Governs how parties, judges, and juries offer and evaluate the evidence at trial.
• establishes A group of limitations that courts and force against attorneys in an attempt to control various events that the trial process presents
• makes sure juries are not misled
• furthers understanding the legal policies relative to the case
• creates conditions in order to receive the most accurate facts trial
• manages the scope and duration of trial

Question 4

Give a short essay for federal rules of evidence – what is its purpose/analysis

Answer 4

Before 1975, US evidence law was mostly based on common-law tradition.
The FRE was drafted and proposed by a distinguished advisory Committee composed of practitioners, judges, and law professors appointed by the US Supreme Court
-The FRE applies in federal court in both criminal and civil cases
-it is the most influential body of American evidence law.
-States how laws on evidence should be handled throughout all 50 states
-it is separated into 68 easy to read and understand brief sections

Question 5

Describe the relationship between Court procedure, criminal law, and constitutional law?

Answer 5

Courts follow laws which apply in criminal law which are based from the constitution