By: Jason Maxwell
Submitted: 2010-10-20 05:55:01 | Word Count: 460
Penal law covers the rules and decrees written by the congressmen and legislators of the state with regards to felonies that causes damage to the ordinary citizens. The defendant has a right to a speedy trial according to the constitution. The definition of the word “speedy,” though, and the advantages of insisting a speedy trial, shows a discrepancy from state to state. Within some states, nearly every defendant, in order to gain ample time to set up their defenses, have to relinquish their right to a speedy trial.
A defendant can never allege later that he lacked the time to arrange for his defense if a defendant claims a speedy trial. On the other hand, if a speedy trial was demanded by a defendant and the prosecutor isnt ready to go on with the trial, the allegations against the defendant may be dropped. The difference between a bench trial and a jury trial is that a jury trial is when the judge settles the law even as the jury settles the facts. On the other hand, a bench trial is when the judge settles both the facts and the law. Both the defendant as well as the prosecutor can request a jury trial even if prosecutors favor bench trials.
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When a case is arranged for jury trial, the parties go through the selection of the jury. During which, a team of jurors is interviewed by the lawyers, by the judge, or both, in what is termed as “voir dire,” literally “to speak the truth.” The point of this hearing is to decide whether these jurors will be just and unbiased, whether they will come to a decision regarding the case on the basis of the evidence introduced in court. Prosecutors and defendants alike can confront the jurors if they suspect they are unfair in opposition to their side. And then, it will be the judge who will decide if there is a reasonable ground to remove a specific juror from hearing a case. Both defendants and prosecutor can also remove a limited number of jurors without any grounds or clarification.
The jury is instructed that the defendant is given the presumption of innocence until he is proven guilty at the onset of the trial. Therefore, the jurors should not ditch this presumption and think that the defendant is guilty before each and every evidence regarding the case is heard.
Criminal law is usually put into effect by the government. Through the District Attorney, the state begins the court proceedings.
