This is provided for in the 6th amendment of the U.S constitution. It guarantees the accused two cardinal rights during trial. These include the accused right to attend all proceeding in a case against him and the accused right to challenge an adverse witness’s testimony. These are critical rights as they ensure that the accused receives a fair, just and transparent trial. The clause also shields the accused from hearsay evidence because he cannot be able to challenge them. Moreover, the accused is able to test the veracity, sincerity and memory of the witness.
Types of Evidence
There are five main categories of evidence. These include documents, hearsay, things, testimony and circumstantial evidence. Testimonies include oral statements of first-hand evidence, which must be direct evidence in all cases. It is evidence of what can be perceived by the five senses. Hearsay evidence is an assertion of what other people said. It is generally inadmissible except in few instances. Documentary evidence denotes evidence produced in written form. Things or real evidence means material produced by both parties as prove or disprove of a fact in issue. The thing can be inanimate or animate or an object. Circumstantial evidence is evidence of other facts.
In criminal cases, the burden of proof is always beyond a reasonable doubt while, in civil cases, the onus of proof is one of balance of probabilities.
Jury/Bench Trial
The jury determines the ruling in a jury trial while the judge is the trier of facts in a bench trial. A person is entitled to a jury of his peers if he is charged with a criminal offence. A person can elect to waive his right of a trial by jury, if he believes the questions of facts and law can be analyzed to his favor by a bench trial. One can also elect a bench trial if one thinks the jury will be biased.
Verdict and Judgment
A verdict is a finding of the jury on whether the defendant is guilty or not guilty. On the other hand, a judgment is a final decision of the judge having taken consideration of the jury’s verdict.
Works Cited
Ferdico, John N, Henry F Fradella and Christopher D Totten. Criminal Procedure for the Criminal Justice Professional. New York: Cengage Learning, 2012.
Gardner, Thomas J and Terry M Anderson. Criminal Law. New York: Cengage Learning, 2011.
Scheb, John M. Criminal Law and Procedure. New York: Cengage Learning, 2010.
Del Carmen, Rolando V. Criminal Procedure: Law and Practice. New York: Cengage Learning, 2009.
