In the period before the trial starts, we have what is called pre-trial phase. This includes arraignment where the defendant gets officially accused and gives a plea of guilty, not guilty or no contest. In this phase, discovery happens too – it’s when defense and prosecution swap evidence plus lists for witnesses so they can ready their cases. Before the trial starts, you can also make pre-trial motions. These are like requests to discuss certain problems before the main event. For example, you might talk about agreeing on what evidence is allowed or asking for charges to be thrown out. It’s very important because it helps prepare for trial by making sure both sides are ready with their arguments and other things needed in court.
Jury Selection
Choosing the Jury, also known as voir dire, is a very important part of the criminal trial process. At this stage, possible jurors are questioned by both sides’ lawyers and the judge to find out if they are suitable for this particular case. The aim is to pick an unbiased jury that can examine evidence fairly and make a correct decision at the end of trial. The defense and prosecution both have the ability to challenge potential jurors, either for cause or through peremptory challenges. These challenges are an important part of the jury selection process that helps guarantee a fair trial by forming a balanced and impartial jury.
Opening Statements
The trial starts by having the prosecution, who carries responsibility to prove the defendant’s guilt without any doubt, give their opening statement. This is followed by the defense giving their own opening statement that presents an overview of the case and highlights key evidence and arguments which will come up during the presentation phase. Now comes the defense, showing their game plan and what they want to show. The starting talk is not an argument but a look ahead at what each team hopes to prove in this court case.
Role of the Lawyer
The criminal lawyer is very important in the trial. They guide and support the accused, representing their interests. The lawyer ensures that the defendant’s rights are protected all through proceedings of trial. Their knowledge and support is crucial for a fair process as well as outcome in criminal trials.
Presentation of Evidence
Next, the prosecution gives its case-in-chief by bringing witnesses and showing evidence to back up what they claim. Every witness is questioned first by the prosecution in direct examination. Then, it’s time for cross-examination from the defense side. This method helps both parties to question if the presented evidence can be trusted and seen as reliable or not. When the prosecution finishes their case, it’s time for the defense to present their evidence and witnesses. This follows a similar process as before. However, sometimes the defense doesn’t bring up any evidence at all; they depend on how unsuccessful the prosecution is in proving its case.
After the presentation of evidence from both sides, closing arguments are given as the last chance for persuading the jury. Starting with prosecution, they summarize evidence and repeat why the defendant should be found guilty. The defense presents their final statement after that, stressing on reasonable doubt and highlighting any flaws in the prosecution’s case. Prosecution can give a response to counter arguments made by defense. Closing statements are very important because they assist in framing the way the jury understands evidence before they start discussing.
