Presentation of Evidence

The Criminal Justice System has some important stages. They are Trial initiation, Jury Selection, Opening statements, Presentation of evidence, Closing arguments, judge's charge to the jury, jury deliberations, and Verdict. Presentation of evidence is one serious stage and should be followed accordingly in order for a case to be prosecuted successfully.

The Criminal Justice process begins with investigation. After a crime has been discovered evidence is gathered at the scene when applicable. Some offenders are arrested at the scene of the crime and some are appended later. An arrest warrant is issued by a judge enabling a police to make and arrest. When an arrest is made it limits the arrestee's freedom. Only about a half of the people arrested are eventually convicted. During the process of making an arrest and before questioning a defendant is required to be advised of their constitutional rights.

The Presentation of Evidence is known to be the crux of a criminal trial. First the state is given the opportunity to present their evidence followed by the defense to provide evidence favorable to the defendant. They are three types of evidence they are direct evidence, circumstantial evidence and real evidence.

Direct evidence strives to prove a fact without requiring a judge or jury to draw inferences. Circumstantial evidence is the opposite which is indirect. This process requires the judge or jury to make inferences and to draw conclusions. Real Evidence which can either be direct or indirect consists of physical material or traces of physical activity.

Evidence can be presented in the form of a written document, an object, a photograph or x-rays. Most evidence is presented in the form of spoken testimony of witnesses who have taken an oath to tell the truth. The prosecution or defense has called the witness and asks questions of that witness first. This is called direct examination. After the direct examination is concluded the lawyer for the opposing party may ask questions of the witness, or cross examine the witness.

In this stage witnesses are examined and cross-examined by counsel, not by the court. The function of this stage is to enforce the rules governing evidence and to ask questions if he or she feels that the parties have failed to clarify the facts.

This process aids in the jury deliberations and the Verdict. The credibility of the witness will be evaluated and reviewed to see if the witness in his or her ability to recall the particular events of the situation. The presentation of evidence will determine the decision of the jury in a jury trial or of a judicial officer in a nonjury trial.

In weighing evidence and important distinction between civil and criminal case is the degree of proof required to sustain an allegation. In a criminal case the defendant has to have been proven guilty beyond a reasonable doubt. That all evidence