Reference no: EM13478454

Discuss the stages of the pretrial process (initial appearance to arraignment) and trial process (opening statements to verdict). Within that discussion, describe what motions can be filed with the court that could ultimately alter the outcome of a case.

Discuss the 5 philosophies of sentencing and the difference between indeterminate and determinate sentencing

Everyone who testifies in a criminal trial must do so under oath, in which some reference to God is made, or after affirmation, 59 which is a pledge to tell the truth used by those who find either a reference or swearing to God objectionable. All witnesses are subject to cross-examination. Lay witnesses may be surprised to find that cross-examination can force them to defend their personal and moral integrity. A cross-examiner may question a witness about past vicious, criminal, or immoral acts, even when such matters have never been the subject of a criminal proceeding.60 As long as the intent of such questions is to demonstrate to the jury that the witness is not credible, the judge will normally permit them. Witnesses have traditionally been short-changed by the judicial process. Subpoenaed to attend court, they have often suffered from frequent and unannounced changes in trial dates. A witness who promptly responds to a summons to appear may find that legal maneuvering has resulted in unanticipated delays. Strategic changes by either side may make the testimony of some witnesses entirely unnecessary, and people who have prepared themselves for the psychological rigors of testifying often experience an emotional letdown. To compensate witnesses for their time and to make up for lost income, many states pay witnesses for each day that they spend in court. Payments range from $5 to $40 per day,61 although some states pay nothing at all (federal courts pay $40 per day62). In a 2004 Chicago murder case in which Oprah Winfrey served as a juror, for example, all jurors, including Winfrey (a billionaire), were paid $17.20 a day for their services.63 The 1991 U.S. Supreme Court case of Demarest v. Manspeaker et al.64 held that federal prisoners subpoenaed to testify are entitled to witness fees just as other witnesses would be. In an effort to make the job of witnesses less onerous, 39 states and the federal government have laws or guidelines requiring that witnesses be notified of scheduling changes and cancellations in criminal proceedings.65 In 1982, Congress passed the Victim and Witness Protection Act, which required the U.S. attorney general to develop guidelines to assist victims and witnesses in meeting the demands placed on them by the justice system. A number of victims' assistance programs (also called victim/witness assistance programs) have also taken up a call for the rights of witnesses and are working to make the courtroom experience more manageable. Jurors The Cook County (Chicago) jury on which television diva Oprah Winfrey served convicted a man of first-degree murder in 2004. "It was an eye-opener for all of us," Winfrey said after the three-day trial ended. "It was not an easy decision to make."66 Article III of the U.S. Constitution requires that "[t]he trial of all crimes . . . shall be by jury." Jurors are citizens selected for jury duty in a court of law. States have the authority to determine the number of jurors in criminal trial juries. Most states use juries composed of 12 people and one or two alternates designated to fill in for jurors who are unable to continue due to accident, illness, or personal emergency. Some states allow for juries smaller than 12 jurors, and juries with as few as six members have survived Supreme Court scrutiny. 67Jury duty is regarded as a responsibility of citizenship. Other than juveniles and people in certain occupations, such as police personnel, physicians, members of the armed services on active duty, and emergency services workers, those who are called for jury duty must serve unless they can convince a judge that they should be excused for overriding.