A criminal trial involves the examination of evidence by a jury to decide if a defendant committed the crime mentioned. Through a trial, the government can argue its case to get a guilty judgment, and a defendant ’s conviction . Additionally, a trial represents the chance of a defendant to refute the evidence of the government, and offer their own. After presenting their opinions, the jury then considers whether to find the defendant guilty or not of the charges (Bergman & Berman-Barrett, 2013) . During the trial, both the victims and defendants have rights, which must be upheld.
The Rights of Victims in the Criminal Trial Process
Decades ago, victims were guaranteed less legal rights to be present, informed, and heard during the criminal trial processes. However, assistance programs and legal rights for crime victims have been created, improving the level of adherence to the rights. There are statutory rights for victims, and most states have embraced amendments to their constitutions to guarantee rights to the crime victims. The inclusion of the rights in state constitutions have enhanced their permanence, strength, and enforceability. Constitutional rights are stronger than the rights spelled out in the statutes. This is because, they can be changed easily by the federal or state legislature than the constitution (Bergman & Berman-Barrett, 2013). The victims have the right to be treated with respect, compassion, and courtesy by the court officials, police, and hospital staff.
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The victims have a right to access advice and counseling services concerning legal and medical help, the available welfare services, and compensations for criminal injuries. The victims should experience minimal inconveniences despite the process being long and complex. The victims should be assured the right to privacy as they interact with the Government staff and agencies. They should be given services that make them comfortable, for example, hold discussions in private interview rooms. They should also be given information concerning how the investigations have progressed, unless the knowledge would jeopardize the process of investigation. Bail applications by the accused should also be informed to the victim. As a witness, the victim has the right to be informed of the trial process. They also have a right to be given information regarding an order or sentence on the offender (Bergman & Berman-Barrett, 2013). The victim should have their property used for investigation returned. In the case of offender escape, the victim should be informed through the Victim Notification Registry.
The Rights of Defendants in the Criminal Trial Process
The legal precedents have given defendants through the Bill of Rights protection from state governments. There must be prove beyond a reasonable doubt before convicting a defendant for an offense. The defendants have a right to remain silent, and is not obliged to be his witness. The defendant has the right to cross-examine the witnesses by questioning them in court. The prosecutors are forbidden from ascertaining the guilt of a defendant from hearsay statements. The defendant s are also subject to the right to be tried in public. The presence of ordinary citizens, the press, and their family guarantees them that the government will abide by the rights accorded to the m . The defendants should be given a right to be tried by a jury. The exception is when petty offenses of less than six months sentence have occurred (Bergman & Berman-Barrett, 2013). The constitution gives the defendants a right to speedy trials despite not specifying the precise time limits. Additionally, the defendant has the right to have representation from the Attorney. If not affordable for the accused, a judge is obliged to hire an attorney at the expense of the government.
In conclusion, both the defendants and victims have rights during the trial process. The rights emanate from the constitution and state statutes. The victims should be respected, counseled, face minimal inconveniences, be guaranteed privacy, informed on the progress of the investigations, and have their property used during investigation returned. On the other hand, the defendants have the right not to speak in court, cross-examine witnesses , be tried in public, be tried by a jury , have speedy trials, and be represented by an Attorney .
Reference
Bergman, P. & Berman-Barrett, S. (2013). The criminal law handbook . Berkeley, CA: Nolo.
