Steps in a criminal trial.

Outline the steps in a criminal trial. Be specific, provide examples, and use your textbook as a guide.

—OR—

Summarize the four sentencing goals. Discuss how these goals may influence sentencing.

Sample Solution

  1. Arraignment

The first step in a criminal trial is the arraignment. This is where the defendant is formally charged with a crime and enters a plea of guilty or not guilty. If the defendant pleads not guilty, a trial date will be set.

  1. Discovery

After the arraignment, the prosecution and defense will begin the discovery process. This is where they will exchange evidence and information about the case. This includes police reports, witness statements, and other relevant documents.

  1. Pretrial motions

Before the trial, the prosecution and defense may file pretrial motions. These are requests to the court to make rulings on certain issues before the trial begins. For example, the defense may file a motion to suppress evidence that they believe was illegally obtained.

  1. Trial

The trial is the heart of the criminal justice system. This is where the prosecution and defense present their cases to the jury. The prosecution must prove beyond a reasonable doubt that the defendant is guilty. The defense must try to cast doubt on the prosecution’s case.

  1. Verdict

After the trial, the jury will deliberate and reach a verdict. The verdict can be guilty, not guilty, or a hung jury. If the verdict is guilty, the judge will then sentence the defendant.

  1. Sentencing

Sentencing is the final step in a criminal trial. The judge will consider a number of factors when sentencing the defendant, including the nature of the crime, the defendant’s criminal history, and the defendant’s personal circumstances.

The four sentencing goals are:

  • Retribution: This is the idea that the punishment should fit the crime. The defendant should be punished in proportion to the severity of the crime they committed.
  • Deterrence: This is the idea that the punishment should deter others from committing the same crime. The defendant’s punishment should be severe enough to discourage others from committing the same crime.
  • Rehabilitation: This is the idea that the punishment should help the defendant to become a law-abiding citizen. The defendant should be given the opportunity to learn from their mistakes and to become a productive member of society.
  • Incapacitation: This is the idea that the punishment should keep the defendant from committing further crimes. The defendant should be incarcerated for a period of time that is long enough to protect the public from further harm.

These goals may influence sentencing in a number of ways. For example, if the goal of retribution is important, the judge may impose a harsher sentence. If the goal of deterrence is important, the judge may impose a more visible sentence, such as a prison sentence. If the goal of rehabilitation is important, the judge may order the defendant to participate in a treatment program. And if the goal of incapacitation is important, the judge may impose a longer prison sentence.

The specific goals that are emphasized in a particular case will depend on the factors of the case, such as the nature of the crime, the defendant’s criminal history, and the defendant’s personal circumstances.

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