The trial is perhaps the best-known part of the criminal process , but it is only one of many stages of a criminal case. Very few criminal cases ever go to trial. Prosecutors and defendants frequently reach plea agreements, by which the state might agree to reduce the charge to a lesser offense in exchange for a guilty plea. Defendants have the right to a trial by jury in many criminal cases, including all trials in the federal criminal system.
A jury is usually empaneled just before the beginning of trial. The process of interviewing prospective jurors is known as voir dire. A prospective juror may be dismissed for cause if their answers during voir dire demonstrate that they may not be fair and impartial.
Challenges for cause are not easily won. Both the prosecutor and the defense may ask prospective jurors questions in order to identify possible biases or conflicts of interest. Each side may ask the court to strike prospective jurors for cause. See Batson v. Kentucky , U. Once a jury is empaneled, each side may present opening statements summarizing the case that it intends to present.
The state presents its case first. It can call witnesses and offer other evidence in order to meet its burden of proof. See Carlisle v. United States , U. Since prosecutors have the burden of proving guilt, a defendant does not have to prove innocence. A defendant does, however, have the burden of proof for certain affirmative defenses, such as self-defense, entrapment, or insanity.
Each side may make closing arguments once it has finished presenting evidence. The judge issues instructions to the jury, known as the jury charge, including questions related to the elements of the charged offense. Both the state and the defendant can submit proposed jury charges to the court. Prosecution closing argument. The prosecution makes its closing argument, summarizing the evidence as the prosecution sees it and explaining why the jury should render a guilty verdict.
Defense closing argument. The defense's counterpart to the prosecutor's closing argument. The lawyer explains why the jury should render a "not guilty" verdict—or at least a guilty verdict on only a lesser charge. The prosecution has the last word, if it chooses to take it, and again argues that the jury has credible evidence that supports a finding of guilty. Jury instructions. The judge instructs the jury about what law to apply to the case and how to carry out its duties.
Some judges "preinstruct" juries, reciting instructions before closing argument or even at the outset of trial. Jury deliberations. The jury deliberates and tries to reach a verdict. Juries must be unanimous. If less than the requisite number of jurors agrees on a verdict, the jury is "hung" and the case may be retried. Post-trial motions. If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant.
Again, see Acquittals by Judges in Jury Trials. Also see Motions for New Trial. Denial of post-trial motions. Almost always, the judge denies the defense post-trial motions. Assuming a conviction a verdict of "guilty" , the judge either sentences the defendant on the spot or sets sentencing for another day. Berman Nolo. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Talk to a Lawyer.
Grow Your Legal Practice. Meet the Editors. Criminal Trial Procedures: An Overview. Most criminal trials follow a uniform set of procedures.
Here's a step-by-step guide to the process. Assuming that the criminal trial is carried out to completion, those procedures tend to include the following: Judge or jury trial. Any unlawful act which is against the law and is punishable is a crime.
The procedures of the criminal trial decide the punishment for such crimes. India has a well-established statutory, administrative and judicial framework for criminal trials. According to the Code of Criminal Procedure, there are 3 types of criminal trials i.
A warrant trial is a case relating to the commission of a cognizable offense. Thus, a case that makes one liable for arrest without a warrant are heinous crimes such as homicide, rape, etc. Such cases are usually instituted on police reports, but that can also be done on private complaints. Summons trial means that in cases of non-cognizable offenses, a police officer has no authority to arrest without a warrant.
0コメント