Chronology of a Criminal Trial

The practices and rituals associated with criminal trials have been developed over the centuries. All states as well as the federal government in the United States follow a uniform set of procedures to conduct a criminal trial. For information on criminal trials please visit:  http://www.the3rdjudicialdistrict.com/.

When a criminal trial is carried out to completion, the procedures involved includes:

* To decide if the trial shall be conducted by a judge or jury: The decision regarding if a particular case should be tried by a judge or a jury is usually decided by the defense. However, certain jurisdictions give the choice to both the defense and the prosecution to determine if the case shall be tried by judge or a jury. In such cases both the defense and the prosecution have the right to demand a criminal trial by the jury system or through the judge.

* Selection of the jury: If the defense and the prosecution request a trial by jury system, the prosecution and the defense then have to select the jurors through a process involving a question and answer referred to as “voir dire.” This process is carried out by the judge in a state court or a federal court by using the questions that are either suggested by the attorneys or that the judges come up with on their own.

* Issues of evidence to be presented in the criminal trial: The defense attorney as well as the attorney for the prosecution decide and determine in advance what evidence will be included or excluded during the criminal trail. These requests are referred to as motions “in limine” in legal parlance.

* Opening statements: The defense and the prosecution attorneys each make an opening statement before the judge and the jury in which they state their case and provide a outline citing reasons to prove their stance. In certain cases the defense attorney may decide to reserve the opening statement until the beginning of the defense’s case.

* The case presented by the prosecution: The prosecuting attorney then presents his case by presenting the prosecution’s witnesses and examining them to prove his point before the jury. This is followed by a cross examination by the defense attorney, who may or may not decide to cross–examine the prosecution’s witnesses. This is usually followed by a "redirect" which implies that the prosecution attorney may then re-examine any of his witnesses. After this, the prosecution rests and the defense begins to present their case in front of the judge and jury.

* Motion to dismiss the trial: This is optional. The defense attorney may at this point ask to dismiss the trial, citing reasons that the prosecution has failed to provide enough evidence against the defense for the trial to proceed. If such a motion is denied then the defense presents its case.

* The case presented by the defense: The defense attorney presents his client’s case by presenting and examining the defense witnesses. This is again followed by a cross-examination in which the prosecution attorney cross-examines the defense‘s witnesses. The defense may then use a redirect to re-examine the witnesses provided by the defense. After this, the defense rests its case.

* Refutation by the prosecution: At this point the prosecution provides evidence to discredit the case put forward by the defense. This is followed by a closing sentence or argument put forward by both the defense and the prosecution.

* Instructions for the jury: The judge instructs the jurors about how to carry on their duties and which law/s to apply to the case.

* Deliberations by the jury: The jury then goes through the case put forward by both the defense and the prosecution and comes to a verdict. Most states in the United States require the jury to come to a unanimous agreement, but certain states such as Louisiana and Oregon allow sentencing with 10 to 12 votes in favor or against the motion. After the verdict is given by the jury, the defense may request the judge to supercede the decisions of the jury and grant a new trial or acquit the client. If the judge denies such a motion then sentencing follows.

* Sentencing: The judge may give his sentence on the spot or decide to set the sentencing for another day.