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Case Cycle - Trials
After all motions and pre-trials have been completed, then the case is called in for trial. The following are the different stages of the trial:
Voir Dire
The first step in a criminal trial is the selection of jury members. Jury selection involves the judge and attorneys for both sides having the opportunity to ask prospective jurors questions to determine their qualifications to sit as jurors and to determine whether prospective jurors are biased or prejudiced in any manner.
After the jury is impaneled and sworn in, attorneys for each side are allowed to proceed with opening statements.
Opening Statements
An opening statement is when each attorney tells the jury what they intend to prove and what evidence they intend to present during the trial.
The prosecution goes first, followed by the defense. The defense may give an opening statement or it may reserve their opening statement until after the prosecution presents its case.
Trial
The prosecution presents the evidence in order to prove the defendant guilty beyond a reasonable doubt.
After the prosecution has presented its evidence, the prosecution will rest. The defendant may then call witnesses and or introduce evidence to support the defendant's innocence.
The defense is not required to present evidence or witenesses on its behalf. If the defendant does present a defense, the prosecution may provide additional evidence in the form of rebuttal evidence to disprove the defendant's evidence.
Closing Arguments
The prosecution is allowed to present their closing argument first since they carry the burden of proof in a criminal trial.
After the prosecution concludes its closing argument, the defense may then give its closing argument. After the defense concludes their closing argument, the prosecution is allowed a final rebuttal argument to the jury.
Instruction
Once closing arguments are concluded, the court will instruct the jury on the law they are to apply in regards to the case. In most cases, these instructions are standardized criminal jury instructions.
Deliberation
Once the jury has received instructions it will retire to deliberate on the evidence submitted on the case.
Once the jury has concluded deliberations, it will return a verdict. If the verdict is not guilty, the defendant is discharged and the case is over.
If the jury finds the defendant guilty, then the defendant is entitled to appeal. A verdict in a criminal case must be unanimous with all members of the jury in agreement. If a unanimous verdict cannot be reached, the judge will declare a mistrial. The case will then be re-scheduled for another trial before a new jury.
Appeal
If a defendant is convicted, the he/she will then be sentenced. After the defendant is sentenced, he/she has a right to appeal to an appellate court.
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