Stages of a Criminal Trial Procedure

In a criminal trial, a jury examines proof to determine if the suspect committed the crime in question. The jury should decide “beyond an affordable doubt” which implies that no alternative logical rationalization is often derived from the proof except that the suspect committed the crime. A trial could be a proceeding throughout that the government can argue its case against a suspect in hopes that the suspect is found “guilty.” an effort is, at an equivalent time, a proceeding throughout that the suspect (through his or her legal team) can try and refute the proof against him or her. primarily the govt. brings a case against a suspect, and therefore the suspect can decide to prove his or her innocence. each side can gift their arguments throughout the trial and a jury can decide whether or not to search out the suspect guilty or guiltless of the crime(s) charged. It must be noted that most of the cases don’t undergo an effort method. Instead, many cases are resolved before they go through trial – typically through other ways, like guilty or no contest pleas, plea bargains, or dismissal of charges. The Phases of a Trial: A criminal trial generally consists of six phases: 1. Choosing a Jury: One of the primary steps in any criminal trial is to select the jury. There may be exceptions in this regard when there are cases that need to be only heard before the judge. Throughout the jury selection process, a judge asks a pool of potential jurors about the matters that refer to the actual case. Usually, a litigator and suspect can also question the jury through their own attorneys. These questions are meant to determine how the jury would possibly read the case and generally turn over into any personal ideological predispositions or life experiences that will relate to the case. Based on the responses to these questions, the judge can excuse the potential jurors. Both the defense and the prosecution can exclude the jurors based on non-discriminatory reasons such as a juror cannot be objective while deciding the matter. Such exclusion is done through the utilization of “peremptory challenges” and challenges “for a cause.” 2. Opening Statements of a Trial: Once the jury is chosen, the trial procedure steps into an ‘Opening Statements’. There are two statements that take place: from the prosecution party on behalf of the government and other from the defense party. The prosecution representing the government has the “burden of proof,” which means it should prove the criminal charges filed against the suspect are true and the suspect is guilty. The prosecutor’s opening statement comes first and is commonly much elaborated than the opening statement of the defendant. 3. Witnesses’ Testimony and Subsequent Cross-Examination: During the case-in-chief, the prosecution brings forth its proof to convince the jury on truly logical reasons that the suspect committed the crime. At this a part of the trial, the official calls eyewitnesses and expert witnesses to testify the physical proof provided to the court, like pictures, medical reports, and documents. The witness is called and is “sworn in” that the witness takes an oath that he or she’s going, to tell the truth. Both the parties who call the witness, ask questions through “direct” examination. This examination is supposed to bring forward information from the witness through question-and-answer hoping that the witness’ testimony strengthens the argument. After this examination, the opposing party questions the witness through a method known as “cross-examination.” In this questioning process, the opposing party tries to scratch the witness’s story, attacks their authenticity, or discredits the witness and his or her testimony. Following this examination, the respective parties that originally called the witness have a second chance to question the witness by questions called “re-direct examination” to gauge if they can repair any damaging effects of the previous cross-examination. After the prosecution concludes its case-in-chief, the defense can give its own proof within the same manner. Generally, the defense might opt for to not presenting a “case-in-chief,” however, it can decide to make its key points through the examination of the prosecution’s witnesses and challenges to the prosecution’s proof. Once both parties have presented their cases and have had an opportunity to challenge any proof, they “rest.” This refers to the fact there is no other proof or witness left to present to the jury before closing the arguments. 4. Closing Arguments: The closing argument is the stage when both parties- prosecution and defense- ‘sum up’ the case through recapping all the proof given. This is the last stage when both parties address the jury before the deliberation process by the jury. The goal of the prosecution is to find out that the suspect is guilty. Whereas the defense tries to re-affirm that the prosecution has limited “burden of proof,” in order that the jury should realize the suspect “not guilty.” 5. Instruction by the Jury: After closing the arguments, the consequent step is the jury’s instruction. In this, the judge provides the juror’s certain legal standards that the jury can use to make a decision whether or not the suspect is guilty. The judge decides what legal standards are applicable to the defendant’s case, depending on the criminal charges as well as on the evidence throughout the trial. Most often, the judge decides based on these legal standards with the input from the prosecution and defense. The judge gives instructions to the jury on the relevant legal principles and describes the key ideas, like guilty beyond the reasonable doubt, and defines crimes that the jury is supposed to consider, based on the proof at trial, after that the case then goes “to the jury.” 6. Jury Deliberation and Finding: During the deliberation phase, the jurors consider the case as a group. They decide to agree on whether or not the suspect is guilty of the crime(s) charged. Deliberation is the first chance when the jury discusses the case amongst themselves. This method will last from many hours to many weeks. After a finding is reached, the jury informs the judge about the decision. Subsequently, the judge announces the decision in the open court. Get a Skilled Legal Assistance: Being suspect of a criminal offense should not be taken lightly. The first thing after facing criminal charges, a person must seek professional help of criminal defense attorney. Who guides the defendant about various aspects of the case and devises strategies to dismiss such charges.