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The many rituals associated
with modern trials have developed over centuries. America's
common law heritage makes it possible for all states and the
federal government to follow a largely uniform set of
procedures. In summary form, assuming that the trial is carried
out to completion, those procedures are as follows:
Judge or
jury. The defense
decides whether it wants the case tried by a judge or a jury
(the prosecution can't require a jury trial).
Jury selection. If the trial
will be held before a jury, the defense and prosecution select
the jury through a question and answer process called "voir
dire." In federal courts and some state courts, the judge
carries out this process.
Addressing evidence issues. The
defense and prosecution request the court in advance of trial to
admit or exclude certain evidence. These requests are called
motions "in limine".
Opening statements. The
prosecution and then the defense make opening statements to the
judge or jury. These statements provide an outline of the case
that each side expects to prove. Because neither side wants to
look foolish to the jury, the attorneys are careful to only
promise what they think they can deliver.
Prosecution case-in-chief. The
prosecution presents its main case through direct examination of
prosecution witnesses by the prosecutor.
Cross-examination. The defense
may cross-examine the prosecution witnesses.
Redirect. The prosecution may
reexamine its witnesses.
Prosecution rests. The
prosecution finishes presenting its case.
Motion to dismiss. The defense
makes a motion to dismiss charges. (Optional)
Denial of motion to dismiss.
Almost always, the judge denies the defense motion to dismiss.
Defense case-in-chief. The
defense presents its main case through direct examination of
defense witnesses.
Cross-examination. The
prosecutor cross-examines the defense witnesses.
Redirect. The defense reexamines
the defense witnesses.
Defense rests. The defense
finishes presenting its case.
Prosecution rebuttal. The
prosecutor offers evidence to refute the defense case.
Settling Instructions. The
prosecution and defense get together with the judge and figure
out what instructions the judge should give the jury.
Prosecution closing argument.
The prosecution makes its closing argument, summarizing the
evidence as the prosecution sees it, and explaining why the jury
should render a guilty verdict.
Defense closing argument. The
defense makes its closing argument, summarizing the evidence as
the defense sees it, and explaining why the jury should render a
not guilty verdict--or at least a guilty verdict on a lesser
charge.
Jury instructions. The judge
instructs the jury about what law to apply to the case and how
to carry out its duties. (Some judges "preinstruct"
juries, reciting instructions before closing argument or even at
the outset of trial.)
Jury deliberations. The jury (if
it is a jury trial) deliberates and tries to reach a verdict.
Most states require unanimous agreement, but Oregon and
Louisiana allow convictions with only 10 of 12 votes.
Post-trial motions. If the jury
produces a guilty verdict, the defense often makes post-trial
motions requesting the judge to override the jury and either
grant a new trial or acquit the defendant.
Denial of post-trial motions.
Almost always, the judge denies the defense post-trial motions.
Sentencing. Assuming a
conviction (a verdict of "guilty"), the judge either
sentences the defendant on the spot, or sets sentencing for
another day.
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