What happens at the end of a jury trial?
This is when each attorney can tell the jury what evidence they will present during the trial. The deputy DA goes first and the Public Defender goes next.] Deputy DA: [S: tand up and talk to the jury.] Your Honor and ladies and gentlemen of the jury: the defendant has been charged with the
What happens at a criminal trial?
When a case goes to trial, a jury may be selected, or the parties may opt for a bench trial, which is a trial without a jury and the judge will decide the case. Once that has been determined the actual trial begins with opening statements from each side. Opening statements are a general overview of each party’s arguments.
Who can be present at a criminal trial?
The other lawyers who are present then get to ask questions until everyone is finished; if another lawyer asks questions, you can follow up yourself. At the very end of the deposition, the witness will have to be advised about the procedures for reading and signing the deposition or, in the alternative, "waiving signature."
What happens at the end of a court case?
View Week Three Assignment.docx from CRIMINAL J 101 at Missouri Baptist University. 1. At the end of a trial, a judge refused to allow an attorney to …
What happens at the end of a trial?
Closing arguments. At the conclusion of the presentation of all the evidence there remain two very important steps: closing arguments and the judge's instructions to the jury.
What do they say at the end of a court case?
You· and each of you, do solemnly swear (or affirm) that you will well and truly try this case before you, and a true verdict render, according to the evidence and the law so help you God? (Oath to jurors on trial) You have the right to remain silent. Anything you say may be held against you in a court of law.
How do lawyers end their speech?
The closing statement is the attorney's final statement to the jury before deliberation begins. The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client's favor.
Who gets the last word in a trial?
the prosecutionIn a criminal trial, the prosecution gets the last word, and if it chooses to, may rebut yet again after the defense's closing argument. The judge overseeing the trial will then instruct the jury.
Does the judge have final say?
In most jurisdictions the jury determines what crimes the defendant is guilty of, but has no say in the sentence at all. Yes, if the judge feels the sentence is inconsistent with the evidence, he or she can alter it up or down, but won't exercise this right if it is within the sentencing guidelines for the offense.
Why do lawyers say Your Honor?
It is customary to introduce the judge by saying something along the lines of "...the honorable Judge Smith presiding." The term "your honor" is a shortened way to address "the honorable Judge Smith" from that point on in the proceedings.Jan 29, 2022
How do you do a closing statement?
Generally, closing arguments should include:a summary of the evidence.any reasonable inferences that can be draw from the evidence.an attack on any holes or weaknesses in the other side's case.a summary of the law for the jury and a reminder to follow it, and.More items...
What is the order of closing arguments?
The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument. In some jurisdictions, however, this form is condensed, and the prosecution or plaintiff goes second, after the defense, with no rebuttals.
What is the correct order of closing arguments?
The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendant's closing argument. In many jurisdictions, the plaintiff may use all of the allotted time, or the plaintiff may reserve time (e.g., ten minutes) to use after the defendant's closing argument.
Why do prosecutors get the last word?
The plaintiff gets the last word at trial because the plaintiff has the burden of proof in the case. The plaintiff has to prove each issue in controversy to a preponderance of the evidence (prove it is more likely than not) to prevail.
Who gets the last say in closing arguments?
The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.
What are the 7 steps of a trial?
Criminal Trial PhasesChoosing a Jury.Opening Statements.Witness Testimony and Cross-Examination.Closing Arguments.Jury Instruction.Jury Deliberation and Announcement of Verdict.
What is the most important part of a prosecutor's job?
After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial , the prosecutor uses witnesses ...
How long does a witness examination last?
This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days.
What does the prosecutor do in a trial?
During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime (s ). The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence. In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury.
What is an opening statement?
Opening Statements. Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence.
What is closing argument?
Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury. These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty.
What happens after a jury is charged?
After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers.
Why is it important to have a criminal defense attorney?
A criminal defense attorney can inform you of your rights, guide you through the process, and argue on your behalf.
What is a pre trial motion?
Pre-trial motions are made by the prosecution and the defense before the trial begins, and can deal with a variety of different issues. Common types of pre-trial motions include motions to exclude certain evidence from trial, motions to prevent certain witnesses from testifying, and motions that the case should be dismissed for some legal reason.
What is the standard used in criminal cases?
The standard used in criminal cases is "beyond a reasonable doubt" – that is, there is no reasonable doubt in the judge or jurors’ minds that the defendant committed the crime. A criminal trial has several phases: Jury selection – A pool of potential jurors is gathered, and asked a number of questions. The prosecution and defense each can choose ...
What is witness testimony?
Witness testimony – Each side can call witnesses and ask them questions about the case and/or the defendant. First, the prosecution calls their witnesses, who can then be cross examined by the defense. Then, the defense calls their witnesses, who can be cross examined by the prosecution.
What is sentencing hearing?
For some crimes, sentencing is explicitly stated by the law, and the judge has limited discretion.
What are some examples of errors of law?
Examples of errors of law include a motion that was improperly granted or denied, evidence that was improperly admitted or excluded, or jury instructions that were improper.
What is a pretrial motion?
Pretrial Motions. During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorney will raise constitutional objections such as illegal searches or coerced confessions. Both sides may also argue that proposed evidence is either unnecessarily inflammatory or ...
How many jurors are there in a trial?
When there are six to 12 jurors who no one has objected to, the jury will be seated and the trial will move forward.
Why are summations called closing arguments?
Summations. Summations are also called closing arguments because both sides have the opportunity to argue to the jury why it should find in their favor. The lawyers will summarize all of the evidence presented in the case and why it supports their theory.
What is jury selection?
Jury Selection. Most trials are in front of a jury, and the jury pool initially includes dozens or even hundreds of potential jurors. During jury selection, both sides and the judge have the opportunity to present questions to potential jurors to determine whether they have any biases that might influence their decision making.
How long can a person be held in custody?
Depending on the severity of the crime they were convicted of and the potential sentence, the defendant may be held in custody until sentencing or be released until the sentencing date.
Can a defendant testify on his own?
The defendant will also have the opportunity to testify on his own behalf during the defense’s case. The decision to testify is the defendant’s alone even if his attorney disagrees with him, and the judge will remind the defendant of this before he takes the stand.
What is an opening statement?
Opening statements are an opportunity for the lawyers to explain what they think the evidence in a case will show. They do not contain evidence, but are instead a lawyer’s chance to clearly explain their side’s version of the facts of the case. The prosecution is required to make an opening statement that covers how it will prove each element of the crime. The defense is not required to make an opening statement, but often will. Depending on the defense being used, the defense attorney may explain an affirmative defense, may point out weaknesses in the prosecution’s case, or simply ask the jury to keep an open mind.
Required Presence during Trials
There are a few rules that demand the presence of the defendant when a court trial commences. One of these explained that he or she must be in the courtroom during the initial appearance. This includes the processes of the initial arraignment and the plea. The plea is important so the judge knows the accused’s perspective on the case.
Presence Not Required during Trials
There are some circumstances when the accused individual is not necessary to attend. These may include when the defending person is an organization instead of one individual. When the entire company has been accused of a crime, there may not be a single defendant necessary. Another situation involves misdemeanor violations.
Waived Presence
In certain circumstances, someone on trial may be in the courtroom initially. He or she may have pleaded guilty or no contest to charges. After these processes have been completed, he or she may waive his or her right to be at the trial with specific stipulations and in jurisdictions that permit this process.
Jury Selection
- At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. Twelve jurors are selected randomly from the jury pool (also called the “venire”), a list of potential jurors compiled from voter registration records of people li…
Opening Statements
- Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. These statements usually are short like an outline and do not involve witnesses or evidence. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Presentment of Cases
- Witness Examination Following opening statements, the prosecutor begins direct examination of his first witness. This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days. During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene. Following the prosecutor’s exa…
Jury Instructions
- Following the closing arguments, the judge “charges the jury,” or informs them of the appropriate law and of what they must do to reach a verdict.
Jury Deliberations & Announcement of The Verdict
- After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers. If the jury has a question on the law, they must write a note to the judge, which the judge will read in court with all parties present. In federal criminal trials, the jury …
Pre-Trial Motions
- Pre-trial motionsare made by the prosecution and the defense before the trial begins, and can deal with a variety of different issues.
- Common types of pre-trial motions include motions to exclude certain evidence from trial, motions to prevent certain witnesses from testifying, and motions that the case should be dismissed for som...
Trial
- In a criminal trial, the trier of fact (which can be either the judge or a jury) decides whether the defendant committed the crime.
- The standard used in criminal cases is "beyond a reasonable doubt" – that is, there is no reasonable doubt in the judge or jurors’ minds that the defendant committed the crime.
- A criminal trial has several phases:
- In a criminal trial, the trier of fact (which can be either the judge or a jury) decides whether the defendant committed the crime.
- The standard used in criminal cases is "beyond a reasonable doubt" – that is, there is no reasonable doubt in the judge or jurors’ minds that the defendant committed the crime.
- A criminal trial has several phases:
- In most states, a criminal verdict must come from a unanimous jury.
Sentencing
- If a person is convicted of a crime, either by a plea bargainor by a trial, the term "sentencing" refers to how they are punished.
- In some cases, sentencing occurs right after the plea bargain or verdict.
- In more complicated cases, a separate hearing is held on the issue of sentencing, and the judge hears arguments from both sides as to what the proper punishment should be.
- If a person is convicted of a crime, either by a plea bargainor by a trial, the term "sentencing" refers to how they are punished.
- In some cases, sentencing occurs right after the plea bargain or verdict.
- In more complicated cases, a separate hearing is held on the issue of sentencing, and the judge hears arguments from both sides as to what the proper punishment should be.
- For some crimes, sentencing is explicitly stated by the law, and the judge has limited discretion. For other crimes, the judge has wide discretion in determining the proper punishment.
Appeals
- If someone is convicted, and they feel that the conviction was unfair or unlawful, they can ask a higher court to review the conviction.
- An appeal can only be based on a legal error. An error of law must have occurred at some point in the process in order for an appeal to be successful.
- Examples of errors of law include a motion that was improperly granted or denied, evidence t…
- If someone is convicted, and they feel that the conviction was unfair or unlawful, they can ask a higher court to review the conviction.
- An appeal can only be based on a legal error. An error of law must have occurred at some point in the process in order for an appeal to be successful.
- Examples of errors of law include a motion that was improperly granted or denied, evidence that was improperly admitted or excluded, or jury instructions that were improper.
- In an appeal, the prosecution and defense each file written documents called "briefs", arguing their position. The briefs are reviewed by the higher court, and in some cases the lawyers for each si...
Do I Need A Lawyer?
- At any stage of a criminal case, it is important to have an experienced criminal defense attorney. The criminal law system is very complicated, and it is important to have someone on your side who understands the law and the process. If you have been charged with a crime, it is important to contact an attorney as soon as possible. A criminal defense attorney can inform you of your ri…
Pretrial Motions
- During pretrial motions, the judge will decide whether certain evidence may be legally used at trial. At this time, a criminal defense attorneywill raise constitutional objections such as illegal searches or coerced confessions. Both sides may also argue that proposed evidence is either unnecessarily inflammatory or that it is irrelevant to the case. Pretrial motions determine the out…
Jury Selection
- Most trials are in front of a jury, and the jury pool initially includes dozens or even hundreds of potential jurors. During jury selection, both sides and the judge have the opportunity to present questions to potential jurors to determine whether they have any biases that might influence their decision making. The sides are often able to present their questions in a way that is designed to …
Opening Statements
- Opening statements are an opportunity for the lawyers to explain what they think the evidence in a case will show. They do not contain evidence, but are instead a lawyer’s chance to clearly explain their side’s version of the facts of the case. The prosecution is required to make an opening statement that covers how it will prove each element of the crime. The defense is not required t…
The Prosecution’S Case
- The prosecution has the burden of proof and therefore has the first opportunity to present evidence. Most evidence will be introduced by witness testimony. The prosecution will call a witness and question them in what is known as direct examination. The defense will then have the opportunity to cross examine the witness to point out inconsistencies or weaknesses in their tes…
Motion For Judgment of Acquittal
- When the prosecution rests, the defense always moves for a judgment of acquittal. In making the motion, the defense argues that even if all of the evidence is viewed in the light most favorable to the prosecution, the prosecution still hasn’t presented legally sufficient proof for the jury to be able to legally find the defendant guilty. This motion is rarely granted, but can help lay the groun…
The Defense’S Case
- The defense may then present a case in a manner similar to the prosecution. The defense is never required to put on any evidence, and often will not, but will instead rely on the fact that they don’t believe the prosecution has met the burden of proof. The defendant will also have the opportunity to testify on his own behalf during the defense’s case. The decision to testify is the defendant’s …
Rebuttal
- If the defense does put on evidence, the prosecution will have the opportunity to present additional evidence after the defense rests. This evidence must contradict evidence presented during the defense’s case. For example, the prosecution might call a witness to testify that an alibi witness was lying when they said they were with the defendant at the time of the alleged crime. …
Summations
- Summations are also called closing arguments because both sides have the opportunity to argue to the jury why it should find in their favor. The lawyers will summarize all of the evidence presented in the case and why it supports their theory. They will also show why evidence that harms their theory shouldn’t be believed. As with all other parts of a case, the prosecution must …
Jury Deliberations
- When closing arguments are completed, the defense will once again make a motion for a judgment of acquittal. This will usually be quickly denied and the case will be given to the jury. The jury will go back into the jury room with all of the evidence and discuss the case among themselves. Deliberations continue until the jury comes to unanimous agreement on a verdict fo…
Verdict
- If a jury does reach a verdict, they will return to the courtroom and the verdict will be read. If the defendant is found not guilty of all charges, they will be free to go and any bail money will be returned. If the defendant is found guilty of one or more charges, a sentencing date will be set. Depending on the severity of the crime they were convicted of and the potential sentence, the de…
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