The Complete Criminal Trial Process – Step By Step
If you are arrested and accused of a crime, you have a right to due process. This phrase means that the state must follow a certain process to provide you with a fair trial. Everyone charged with a crime has the right to a trial. Read on for a summary of the trial process – step by step.
The Jury is Chosen
Potential jurors are called to appear and they are chosen using what is known as voir dire (to tell the truth). The attorneys for both sides question the potential pool of jurors about their views on a wide range of issues to identify jurors they ascertain would be more sympathetic to either their client or to the state prosecutor. The jurors chosen make up the jury panel for the trial.
Opening Statements are Made
Each attorney uses the opening statement to inform the jury about the facts of the case. The statements let the jury know about the crime, the evidence that they will see presented, the witnesses, the motive, and more. You can equate the opening statement to a preview for the upcoming trial.
Testimony
The heart of any trial is the testimony. Each side takes a turn presenting witnesses and entering evidence into the trial record. The other side is provided with an opportunity to cross-examine any witness they chose.
Cross-examination is an attempt to cast doubt on the testimony of a witness. The state is allowed to present their case using witness testimony and evidence first and then the state "rests". Once the defense rests, the testimony phase is over.
Closing Arguments are Made
This is the attorney's final chance to convince the jury that they should either convict or find not-guilty the defendant. Usually, the attorneys for each side takes the jurors back through the testimony and reminds them of what they heard and saw. Each side places an emphasis on the information that places their point of view in the most favorable light.
Jury Instruction
Here, the judge provides the jurors with the legal standards that must be met before they reach a verdict. The standards are unique to the case and input from both sides is used in creating the jury instructions. A great deal of detail is provided to jurors during the instruction period about the crime and the legal definitions of the crime. Almost all jury instructions will provide the jurors with an explanation of what is by "beyond a reasonable doubt."
Jury Deliberation and the Verdict
The Jurors retire to a secure conference room to discuss the case and agree on a verdict. The vote of guilty or not guilty must be unanimous. If the jury cannot decide, a mistrial is declared. The jury informs the judge that they have a verdict and all parties assemble in the courtroom for it to be read.
There are numerous points in the trial process that presents an opportunity for errors to be made. This presents the defendant with an appeal opportunity. Speak to a criminal attorney firm, like Daniels Long & Pinsel, to learn more.