The trial is the most efficient method of determination of legal disputes particularly where the parties involved cannot settle the disputes by themselves or where less formal methods are not applicable. It ensures that justice is administered fairly to the parties involved and ascertains that law is applied and that the truth in matters concerning the parties in disputes is identified. The legal determination of any dispute between the parties is provided by the trial.
Basically there exists two types of trials; civil and criminal trials. Civil trials are generally used in deciding civil actions that deal with private rights, while criminal trial is used in the determination of disputes that involve persons charged with crime. When criminal laws are infringed, the government works towards punishing the wrong doers in the attempt of protecting the citizens.
A recent incident that can best fit as an issue that needs discussion is the arrest of Mr. Christopher Marlowe, a 27 year old man on October 2011 after police were called informing them of the whereabouts of the suspect. The main reason as to the arrest of the man is due to the fact that he had paused for a picture wearing a Jaguars cap that was signed by Coach Jack Del Rio and was holding a Cheez box. The two items that were in his possession when he paused for the photo went missing after a burglary of two Sandalwood neighborhood homes. In an attempt to arrest the suspect, the police released the man’s picture with a hope that he would be recognized and reported by the residents. Fortunately, the police received a call from a certain individual and were informed that the said suspect looked similar to a man who was staying in Days Inn. With this regard, the police were set for the Days Inn and apparently when the showed Mr. Marlowe the photo, he readily agreed that he was the one in the photo. This led to his arrest for further investigation and a possible trial.
In Marlowe’s case, the prosecution would accuse the man of burglary of the two Sandalwood homes. The picture of the suspect holding the box of Cheez and wearing the Jaguars cap would serve as the prosecution’s evidence against the suspect. The prosecution would accomplish its duties and prove beyond any reasonable doubt that the suspect is guilty as charged. The very fact that Marlowe agreed to be the man n the photo when asked by the police is a clear indication that he was in possession of stolen items. The prosecution would thus attempt to verify whether the accused held the stolen items knowingly or unknowingly.
The process of jury selection or Voir Dire is basically the very first stage of any trial. The jury is chosen at the commencement of every trial from individuals who have been selected from the community. The prospective jurors are interviewed by the judge and the attorneys and if any of them is considered as unable to determine the evidence fairly, they are not allowed to be members of the jury. An ideal juror is thus one who can judge the presented evidence fairly while a juror of nightmare is one that happens to be challenged for certainty of serious crime, is involved in another proceeding that involves one of the party’s or has financial interest in the outcome of the ongoing proceeding, has close relation to one of the party or in one reason or the other is associated in a manner that would trigger them to express bias.
The jury strategy would involve several steps that would lead to successful decision in resolving dispute. The very first step is based on the attorneys address to the expectations of the client. It is essential that the clients that the result of the trial might be less than their expectations. The second step involves advising the clients on how to present themselves inside the courtrooms. Clients presentation in the courtroom will in one way or the other influence the decisions made by the jurors. A client will attract the jury’s support if the hold a positive attitude. The third step concerns voir dire and s very critical when it comes to the aspect of trial strategy.
In the above case there are two verdicts that can be reached at in the trial. The very first is that the accused can be found guilty for being in possession of stolen items and confessing that he is the one in the photo. The second verdict would be based on the fact that the accused could have been in possession of the stolen items not knowing their whereabouts. If it is proven that the accused did not have information that the Jaguar cap and box of Cheez in his possession were stolen, and then the accused would definitely be found innocent.