Question- below is a reply from another. My professor said that I need to offer a more substantive analysis of the concepts and assessments they offered with references to the text. the text is regarding the Trial Process, Criminal Procedure & the 4th and 5th Amendments

Their reply is below in bold:

If parties are unable to negotiate a settlement, then a case will go to trial.Both sides will then begin preparing for the trial by collecting all their evidence.They will being contacting and preparing witnesses who will appear for the trial, get all exhibit and displays prepared and finish assembling the trial notebook.

Just before the trial begins, a settlement conference is held with the judge. If a settlement is still not reached, the case then goes to trial.Jury selection begins.Once they have their jury members selected, the trial begins with the attorneys' opening statements.Then the Plaintiff presents his/her case calling witnesses.They begin direct examination and once they are done the Defendant can begin cross examination.Then they can do redirect and recross until they are finished with that witness.This goes on until the Plaintiff is finished with their witnesses.Now the Defendant may present his case in the same fashion as the Plaintiff.The trial ends with the closing arguments.The jurors are given instructions on how to deliberate and will then come back with a verdict.

"An arrest occurs when the police take a person into custody and charge that person with a crime." Ch. 13 pg. 393. Once arrested that person is taken to a facility for booking. Probable cause is needed before making an arrest.A criminal prosecution begins with a complaint and initial appearance.The judge then decides whether to set bail or release the defendant until the next court date.

There will then be a preliminary hearing where the judge will determine whether there is enough evidence to charge the defendant.If there is, the defendant is arraigned and the case goes to trial.A grand jury review takes place to make the decision as to whether felony cases should go to trial.The defendant is indicted if the grand jury finds probable cause exists.At the arraignment the defendant if informed of the charges and must plead guilty, not guilty or nolo contendere.

"The 4^thAmendment prohibits unreasonable searches and seizures and requires a showing of probable cause before a warrant may be issued.""The 5^thAmendment requires that no one shall be deprived of life, liberty, or property without due process of law." Ch. 13, pg. 391.The 4^thAmendment would protect citizens from having their cars or homes unlawfully searched without probable cause, so if during a trial the prosecution is trying to present evidence performed on a vehicle that was obtained without a warrant and without probable cause, it would be inadmissible. The 5^thAmendment protects a defendant from being given the death penalty without having a fair trial.

An intentional tort is a wrongful act knowingly committed by someone against persons or property. Negligence is the caseless performance of a legally required duty or the failure to perform a legally required act.Strict liability is injury imposed for reasons other than fault.

Roger Miller & Mary Meinzinger,Paralegal Today: The Legal Team at Work(7th ed. 2016)