9.11: The Trial Process

The Trial Process

Once the pretrial steps are completed, if appropriate, the case will move on to the trial process. The basic rights to be maintained during the trial process are included in the Sixth Amendment to the constitution. It should be pointed out that only about 5% of all cases are actually heard by a jury trial. About 3% are bench trials, heard in front of a judge without a jury.

Right ro a Jury Trial

The defendant is allowed to choose whether they would like their trial in front of a jury or the judge. The types of cases which allow for a jury vary. Jury sizes also vary from 6 to 12 jurors with 12 being the norm. Despite the number of jurors typically the decision must be unanimous. The jurors are chosen from the community wherein the trial is held after going through a selection process “voir dire” wherein both the defense and the prosecution has some say in terms of who will be allowed to be on the jury. The members of the jury are two ways the different facts that were presented to them and only reach a conclusion of guilty if they felt there was proof “beyond a reasonable doubt.”

Right to Counsel

The right to counsel has already been discussed. If you can afford your own attorney you can certainly hire one. If you cannot afford an attorney then as per our indigent counsel discussion above one will be appointed for you.

Right to Self Representation

Just as an individual can choose to exercise their right to a jury trial or not an individual can choose to have counsel at trial or to represent themselves. This option is seldom used as most people are too emotionally connected to their case and are not as familiar with the law as an attorney would be. If an individual handles their own case they must conduct themselves in an orderly fashion. The judge can overrule this right at any time if they feel that the defendant is not fit to conduct their own defense.

Right to a Speedy Trail

The constitution does not specify a specific time for this stipulation. Most states have adopted statutes which define reasonable limits but it is understood that the other rights take precedent. Even though a trial would be more “speedy” if we did not take time to get an attorney, or pick the jury, obviously those rights are more important than speed alone. Even the federal government established the Federal Speedy Trial Act of 1974 to provide time limits the various stages of the adjudication process. Under this act defense counsel can be fined if it is determined that they are causing unneeded delays.

Right to a Fair Trial

In order for trial to be fundamentally fair, the case must be held before an impartial judge and jury in an environment of judicial restraint and orderliness with fair decision-making. Numerous Supreme Court decisions have pointed out things that are not fair such as a hostile courtroom cloud, prejudicial behavior toward the defendant, and improper pressure on witnesses.

Right to a Public Trail

While the public has a right to know what is going on during the trial and having the trial made public can ensure that we are protecting the defendant’s right by making a trial public we may be interfering with the defendant’s right to a fair process and our obligation to protect the accused from angry citizens. Trying to find a balance between these competing right is why sometimes judges restrict the press in the courtroom or at least restrict cameras and microphones. If there is too much adverse pretrial publicity the trial may be moved to a different location thus allowing it to remain public while hopefully also keeping it a fair trial.