Procedural Steps in a Criminal Trial Essay examples

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Every society is faced by a fundamental problem of achieving social control that protects people’s lives and properties as well as establishing desirable levels of order, accord, security and courtesy in the society. Societies, therefore, have developed informal methods of attaining this control where family structures, norms and religious precepts are included. Law is established in contrast as a formal method of social control. Law is then said to be a set of rules that is prescribed and implemented by government to regulate and protect the society. Certain forms of behavior are prohibited and penalties are imposed to those engaging in the barred conduct. The branch of law illegalizing those conducts is referred to as criminal law. In …show more content…
A criminal trial is only necessitated by a plea of not guilty. A trial is a formal procedure that determines whether the accused is guilty or innocent and imposes punishment to them if found guilty.
As defined by John (2010, p.16), criminal trial is a process that is highly formal and is governed by procedure and evidence rules comprising the following steps. Firstly, investigation is conducted in which search and seizure, and arrest is done. Secondly, formal charging process is done. Arraignment then follows where a plea of guilty or not guilty is entered. Trial is then implemented resulting to conviction or acquittal. In case of conviction, the process then moves to a step of sentencing. This leads to the next step of punishment. Sentencing can also lead to appeals process in case the accused requires revision of the trial (John, 2010).
Search and seizure
As John, (2010, p.429) argues, when evidence is looked in a manner that penetrates the zone of privacy which is legally protected, it is termed as search and should be conducted by government agents only. A seizure occurs when the control of persons or property is taken by the agents. Since searches and seizures commonly involve serious invasions of confidentiality, the authority to conduct them is limited by constitutions. It is important, therefore, law enforcement agents get a warrant ahead of conducting

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