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Steps to a Criminal Court case (Simplified)


Wolfgangg

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Steps to a criminal Court Case

By: Agustus Jones

1. Choosing a Jury

  • If using a jury, each juror should be questioned to be sure there is no bias towards the defendant or prosecutor

2. Opening Statements

  • The prosecutor presents the facts of the case, from the government's perspective, and walks the jury through what the government will try to prove -- what the defendant did, how, and why.
  • The defense gives the jury its own interpretation of the facts and sets the stage for rebutting key government evidence and presenting any legal defenses to the crime(s) charged.

3. Witness Testimony and Cross-Examination

  • The witness is called to the stand and is "sworn in," taking an oath to tell the truth.
  • The party who called the witness to the stand questions the witness through "direct" examination, eliciting information from the witness through question-and-answer, to strengthen the party's position in the case.
  • After direct examination, the opposing party has an opportunity to question the witness through "cross-examination" -- attempting to poke holes in the witness's story, attack their credibility, or otherwise discredit the witness and his or her testimony.
  • After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through "re-direct examination," and attempt to remedy any damaging effects of cross-examination.

4. Closing Arguments

  • Similar to the opening statement, the closing argument offers the government and defense a chance to "sum up" the case, recapping the evidence in a light favorable to their respective positions. This is the final chance for the parties to address the jury prior to deliberations, so in closing arguments the government seeks to show why the evidence requires the jury to find the defendant guilty. In turn, the defense tries to establish that the government has fallen short of its "burden of proof," so that the jury must find the defendant "not guilty."

5. Jury Instruction

  • After both sides of the case have had a chance to present their evidence and make a closing argument, the next step toward a verdict is jury instruction -- a process in which the judge gives the jury the set of legal standards it will need to decide whether the defendant is guilty or not guilty.

6. Decision

  • Once the jury reaches a verdict, the jury foreperson informs the judge, and the judge usually announces the verdict in open court.

 

The same procedure can be used for civil cases as well.

 

 

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