Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_The Arraignment._--After the accused has been indicted the next step is
to bring him before the court and arraign him. The charge is first read
to him and he is directed to plead. If he pleads guilty, no further
action is taken and the judge imposes the sentence. If he pleads not
guilty, the trial proceeds. If he has no counsel to defend him, the
court appoints some member of the local bar to act as his attorney, and
the lawyer so designated is under a professional obligation to undertake
the defense and do all in his power to clear him. In this way the
murderer of President McKinley was enabled to have the benefit of
counsel. Many writers on criminal law, indeed, contend that the state
ought to employ regular public defenders for accused persons just as it
employs public prosecutors, since it should be equally interested in
seeing an innocent man acquitted as in seeing a guilty one convicted.[19]
[19] In several instances provision has recently been made for such an
officer; for example, in Los Angeles.
_Selection of the Jury._--The next step is the impaneling of a jury of
twelve persons to try the case. The law requires that the jury shall be
selected from the community in which the offense was committed, in order
that the accused may have the benefit of any good reputation which he
may enjoy among his neighbors. The jury is chosen by lot from a list of
persons qualified to perform jury service, and the jurymen are sworn to
return a verdict according to the law and the evidence. Each side is
allowed to "challenge," that is, ask the court to reject, any juror who
has formed an opinion of the guilt or innocence of the accused or who is
evidently prejudiced. In addition, each may reject a certain number of
jurors "peremptorily," that is, without assigning a cause.
_The Trial._--After the jury has been impaneled, the prosecuting
attorney opens the trial by reciting the facts of the case and stating
the evidence upon which he expects to establish the guilt of the
accused, for the law presumes the prisoner to be innocent, and the
burden of proof to show the contrary rests upon the state. The procedure
of examining and cross-examining the witnesses is substantially the same
as in the trial of civil cases. There are well-established rules in
regard to the admissibility of evidence and the weight to be attached to
it, and if the judge commits an error in admitting improper evidence or
in excluding evidence that should have been admitted in the interests of
the accused, the prisoner may, if convicted, have the verdict set aside
by a higher court and a new trial granted him. One of the rules of
procedure is that the jury must be satisfied beyond a reasonable doubt,
from the evidence produced, that the accused is guilty.
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