Trial Proceedings

Trial Proceedings

Trial Proceedings

Considering the case scenario, the response is aimed at clearing some misconceptions about the selection procedure of judges and jury and about the qualification of a good attorney. The assignment include analysis about the selection of prosecuting attorneys, ways in which they are monitored for ethical conduct and the manner judge, jury and attorneys interact with each other. In the United States, a jury or judge selection is an intriguing task. At first, a group of credible jurors is nominated from the available list of qualifying prospects. Normally, the selection process starts from a group of potential 10- 12 jurors. A judge then opens the case details to them and from there a Voire dire process starts. It involves questioning about the case scenario from the prospective jurists. During this complete process, the judge is allowed to ask about the personal experiences of the lawyers ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"vo2bUeF0","properties":{"formattedCitation":"(Hemmens, Brody, & Spohn, 2019, p. 56)","plainCitation":"(Hemmens, Brody, & Spohn, 2019, p. 56)","noteIndex":0},"citationItems":[{"id":73,"uris":["http://zotero.org/users/local/s8f0QVnP/items/9LB7H9LF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/9LB7H9LF"],"itemData":{"id":73,"type":"book","title":"Criminal courts: A contemporary perspective","publisher":"Sage Publications","source":"Google Scholar","title-short":"Criminal courts","author":[{"family":"Hemmens","given":"Craig"},{"family":"Brody","given":"David C."},{"family":"Spohn","given":"Cassia"}],"issued":{"date-parts":[["2019"]]}},"locator":"56","label":"page"}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hemmens, Brody, & Spohn, 2019, p. 56). The lawyers on other hand are allowed a definite number of peremptory challenges. The peremptory challenges allow the lawyer to challenge potential jurists. Finally, in order to nominate the jury, the judge will consider an attorney’s physical appearance, his or her relevant life experience, legal experience, personal beliefs and his usage of social media ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"L9YZj5Nd","properties":{"formattedCitation":"(Hemmens et al., 2019, p. 69)","plainCitation":"(Hemmens et al., 2019, p. 69)","noteIndex":0},"citationItems":[{"id":73,"uris":["http://zotero.org/users/local/s8f0QVnP/items/9LB7H9LF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/9LB7H9LF"],"itemData":{"id":73,"type":"book","title":"Criminal courts: A contemporary perspective","publisher":"Sage Publications","source":"Google Scholar","title-short":"Criminal courts","author":[{"family":"Hemmens","given":"Craig"},{"family":"Brody","given":"David C."},{"family":"Spohn","given":"Cassia"}],"issued":{"date-parts":[["2019"]]}},"locator":"69","label":"page"}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hemmens et al., 2019, p. 69).

Contrary to this, the qualification of a good attorney includes the communication skill which helps him in conveying his viewpoint. These skills also require the attorney to be a good listener. In the courtroom, in order to argue convincingly an attorney requires some extraordinary communication skills. An exceptional attorney also requires good analytical skills. If the attorney lacks the credibility to analyze things, this might impact negatively. An attorney has to look toward a case from an attorney’s perspective and from the perspective of the prosecutor. Preserving and project management are other skills which are considered as the prerequisites of becoming a good attorney. Law requires consistency and preserving, some cases often requires managing them properly, therefore an attorney must have a hold over these perspectives also ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xgxz57TT","properties":{"formattedCitation":"(Gunz & Gunz, 2018)","plainCitation":"(Gunz & Gunz, 2018)","noteIndex":0},"citationItems":[{"id":74,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VI7FCEF5"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VI7FCEF5"],"itemData":{"id":74,"type":"article-journal","title":"Ethical Challenges in the Role of In-House Counsel","container-title":"Case W. Res. L. Rev.","page":"953","volume":"69","source":"Google Scholar","author":[{"family":"Gunz","given":"Hugh"},{"family":"Gunz","given":"Sally"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Gunz & Gunz, 2018). Research skills are finally considered some complementary skills which can make an attorney stand different from others.

The prosecuting attorneys are selected depending on the professional qualifications and performance. To encourage prosecutors, effective measures are practiced which benefits in the turnovers. Similarly, the Supervisory Prosecutors are selected and promoted on merit and their expertise. This complete process is carried on without partisan, political or personal favors. Prosecutors take care in abiding the standards regarding professional conduct as outlined in the law and ethical code, they are therefore normally required to avoid appearing in inappropriate conduct. They are monitored for the ethical conduct as according to the supervisory advice and guidance about ethics provided by the Prosecutor’s Office. In case of non- abidance of the official conduct and by means of fair and established legislation, a governor or normally a public office holder suspends, remove or supersede the chief prosecutor. Governor or Public office holder then designate a replacement for the chief Prosecutor. The Governor or public office holder are empowered by law to substitute the Chief Prosecutor.

The judge, jury, and attorney play their part in different positions. They have different constitutional norms enshrined upon them and their designation require to behave and interact with each other in a specified manner. A judge presides the courtroom and sits on an elevated position to ensure order in the room ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"XUVbLuqx","properties":{"formattedCitation":"(Shane, 2019)","plainCitation":"(Shane, 2019)","noteIndex":0},"citationItems":[{"id":77,"uris":["http://zotero.org/users/local/s8f0QVnP/items/CEHML9SA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/CEHML9SA"],"itemData":{"id":77,"type":"article-journal","title":"Prosecutors at the Periphery","container-title":"Chi.-Kent L. Rev.","page":"241","volume":"94","source":"Google Scholar","author":[{"family":"Shane","given":"Peter M."}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shane, 2019). An attorney on other hand is allowed to sit or revolve around the counsel table assigned to them, he uses this platform to interact with the Chief Prosecutor. The jury which also takes an elevated position inside the courtroom avoids speaking in a loud or informal manner. It is how an interaction inside the courtroom is maintained.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Gunz, H., & Gunz, S. (2018). Ethical Challenges in the Role of In-House Counsel. Case W. Res. L. Rev., 69, 953.

Hemmens, C., Brody, D. C., & Spohn, C. (2019). Criminal courts: A contemporary perspective. Sage Publications.

Shane, P. M. (2019). Prosecutors at the Periphery. Chi.-Kent L. Rev., 94, 241.