What are the steps in a criminal trial?

What are the Steps in a Criminal Trial?

A criminal trial is the process where evidence and testimony are presented in court to determine if the defendant is guilty beyond a reasonable doubt. Criminal trials involve a number of steps and procedures that protect both the rights of the accused as well as the interests of the public.

Initial Proceedings

Before a case can proceed to trial, there are some initial proceedings that must happen:

• An arrest is made or charges filed based on probable cause.
• The defendant appears at an arraignment and enters a plea.
• Bail may be set allowing release pending trial.
• Preliminary hearings establish whether there is sufficient evidence for trial.
• Plea bargaining may occur, potentially resolving the case short of trial.
• Discovery allows evidence to be shared between parties.

Jury Selection

If the case is not resolved through a plea bargain, jury selection will occur in preparation for trial. This is known as voir dire:

• The court summons a jury pool of prospective jurors from the community.
• Through questioning, unqualified or biased jurors are removed by both sides.
• Once selected, the final jury panel is sworn in.

Opening Statements

Once a jury is seated, opening statements allow each side to present an overview of the case and trial evidence:

• The prosecution gives an opening statement first laying out allegations and charges against the defendant.
• The defense gives an opening statement from their perspective on the case.

Opening statements preview each side’s view of the evidence before it is actually presented.

Prosecution’s Case

The trial proceeds with the prosecution presenting their evidence and calling witnesses:

• Direct examination – Prosecution questions their own witnesses first.
• Cross-examination – Defense then questions prosecution witnesses.
• Redirect – Prosecution asks additional questions to witnesses.

The prosecution aims to establish facts to prove the defendant’s guilt beyond a reasonable doubt through witness testimony and physical evidence.

Defense Case

Once the prosecution rests, the defense presents their case responding to the charges and evidence:

• The defense may ask the court to dismiss charges due to insufficient prosecution evidence.
• If charges stand, the defense calls their own witnesses questioned first by the defense, then the prosecution.
• The defense may also choose to put the defendant on the stand to testify.

The defense aims to raise doubts about the prosecution’s version of events and establish facts to support any affirmative defenses.

Rebuttal and Surrebuttal

After the defense case, the prosecution and defense take turns with final witnesses:

• Prosecution may call rebuttal witnesses to counter defense evidence.
• Defense then may call surrebuttal witnesses to respond to the rebuttal.

These rebuttal and surrebuttal witnesses must provide new evidence not already raised earlier in the trial.

Closing Arguments

After all evidence is presented, closing arguments allow each side to summarize their view of the case for the jury:

• The prosecution argues first followed by the defense.
• The prosecution gives a rebuttal close responding to the defense’s closing argument.

Closing arguments tie all the evidence together to argue why the jury should rule in favor of one side or the other.

Jury Instructions

Before deliberations, the judge issues jury instructions explaining:

• The law that applies to the charges and evidence.
• The burden of proof requiring guilt be proven beyond a reasonable doubt.
• How to evaluate witness credibility.
• The elements required to find the defendant guilty or not guilty.

Jury instructions provide the legal framework for jurors to apply in reaching a verdict based on the facts.

Jury Deliberations

With the evidence and law presented, the jury retires to deliberate privately on a verdict:

• Jurors evaluate the evidence to determine if the defendant is guilty or not guilty beyond a reasonable doubt.
• All jurors must agree for convictions or acquittals on each charge.
• Jurors report their unanimous verdict in open court.

The verdict concludes the trial, unless jurors are unable to agree resulting in a hung jury and mistrial.

Post-Trial Motions and Sentencing

After a guilty verdict, next steps include:

• Defense may file post-trial motions seeking to overturn the verdict or get a new trial.
• If motions are denied, the court moves to sentencing.
• Sentencing may involve victim impact statements and arguments on appropriate penalties.

The judge determines the final sentence within statutory guidelines. The trial verdict can be appealed to higher courts.

Conclusion

Criminal trials follow an extensive process to ensure fair and just outcomes. While complex, the steps balance the rights of defendants against the need for public safety and justice for victims.

References

[1] https://www.justia.com/criminal/procedure/stages-criminal-trial/

[2] https://www.coursesidekick.com/law/328949

[3] https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/18.HTM

[4] https://obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/PCAST/pcast_forensic_science_report_final.pdf

[5] https://developer.mozilla.org/en-US/docs/Web/HTML/Element/article

[6] https://www.studocu.com/en-us/document/liberty-university/criminal-practice-and-procedures-d/criminal-procedure-news-article-assignment/36501745