Judicial System

Guilty or Not

The 5th Amendment to the U.S. Constitutionprevents a defendant found not guilty from being tried again for the same crime,even if additional evidence is uncovered at a later date.If a defendant is found guilty, however,the defense attorney may file an appeal with a higher court to attempt tohave the verdict overturned. If the caseis heard before a higher court, and theappeal fails, another court hearing is held to determine the sentence to be served.Even in this circumstance, the opportunity exists for the person convicted to appealthe sentence in the hopes of having it reduced.



Determining the Type of Case
In the American judicial system, someone accused of a crime has the right to an attorney to help in the defense against charges. If the accused cannot afford to hire an attorney, then one will be appointed at government expense. Regardless of the charges, all defendants are humanely treated and their civil rights observed.Once charges are filed, a judge informs a defendant of the accusation at an initial court hearing and bail is set according to the type of offense. In misdemeanor cases,defendants have the option of pleading
guilty or waiting for a trial date. The greatmajority of these cases are resolved through negotiations and guilty please,often to lesser offenses.In more serious felony cases, either a grand jury of between 12 and 23 citizens meeting in closed session or a lower court judge conducts a preliminary hearing to determine probable cause before formal charges can be filed—even though probable cause does not mean guilt.

Jury Selection

A jury trial begins with the voir dire, the process of jury selection, during which the judge and the prosecuting and defense attorneys question a pool of prospective jurors who are summoned to court. This group of citizens is selected periodically at random from a cross-section of the community.If it appears during the questioning that a prospective juror cannot consider the case at hand impartially, he or she may be challenged for cause and excused.In addition to the cause challenges, each side—both defense and prosecution—may use peremptory challenges to excuse prospective jurors without having to state a reason. A trial begins once a jury of 12 citizens is selected. Several alternate jurors also are selected in case a member of the primary jury becomes incapacitated or must be excused for some other reason.