The Trial of Offenders

Robert E. Knowlton
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Robert E. Knowlton: Rutgers University Law School

The ANNALS of the American Academy of Political and Social Science, 1962, vol. 339, issue 1, 125-141

Abstract: American criminal trials derive from the Eng lish pattern as modified through the frontier experience of the United States. The adversary concept and the aloof judiciary in criminal procedure reflect a concern for the proper relation ship of government and individual. Generally, criminal trials go through the following steps: arraignment and plea; selec tion of the jury; prosecutor's and accused's opening state ments; presentation of the state's and the accused's evidence; prosecutor's and accused's arguments to the jury; prosecutor's rebuttal; judge's instructions on the law; rendition of jury verdict; sentencing by the judge. Some lesser offenses are tried before a judge sitting without a jury. Depending upon defense's evaluation of tactical advantage, jury trial may be waived in other cases. Also, the opening statement and the presentation of evidence by the accused may be waived, and the defendant may or may not testify in his own behalf. After the verdict, the defense may move for a judgment notwith standing the verdict, for a new trial, or to arrest judgment. After sentencing, the case may be appealed to a higher court, or denial of due process may be charged in order to litigate further. Particularly in close cases, great responsibility de volves upon counsel. Also, the defense is handicapped in in vestigating facts. But, the government cannot appeal a case which it has lost.—Ed.

Date: 1962
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:339:y:1962:i:1:p:125-141

DOI: 10.1177/000271626233900110

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