Criminal trials often make the highest-profile legal cases. They attract enormous attention, garnering front page headlines and leading TV news spots. Lawyers for the defense and the prosecution hold press conferences in support of their agenda. Despite the circus-like quality that such coverage implies, there is a meticulous process by which criminal trials proceed. Much of this process is due to the observance of constitutional rights. Other elements of the process observe long held tradition. Below, we'll provide an overview of how a criminal trial works.
Considerations Of A "Speedy Trial"
Every person who has been charged with a crime has the right to a "speedy trial" (provided by the Sixth Amendment). However, there is a fair amount of confusion surrounding the term. First, a speedy trial may be defined differently in different states. For example, California may require that the prosecutor's office begin trial 60 days after a defendant has been charged. By contrast, Florida affords 90 days to the prosecutor.
Once a defendant has requested a speedy trial, any future complaints of not having had sufficient time to prepare will be ignored. On the other hand, if a speedy trial is requested and the prosecutor's office isn't ready by the deadline, the indictment may be thrown out.
Selecting The Jury
Jury selection is the process by which the judge and lawyers for the defense and prosecution can choose jurors. A random pool of potential jurors is gathered and each is questioned to determine their ability to participate without bias. The prosecutor's office and the defense lawyers are typically given a number of opportunities to "dismiss" potential jurors without explaining the reason. Plus, both sides can challenge potential jurors, alleging prejudice. If the judge agrees, those jurors may also be dismissed.
The Trial Begins
Criminal trials begin with a reminder to the jury panel of the defendant's presumed innocence. That is, the prosecutor must prove guilt. After the prosecution and the defense offer opening statements, witnesses are called (the prosecution goes first). At this point in the trial, the defense will often argue that the case against his client lacks enough evidence to proceed and thereby, the charges should be dismissed.
After the defendant presents his case, the prosecutor can call witnesses forward to rebut the evidence that was offered. To ensure fairness, the defense may then call additional witnesses to respond to statements made by the prosecution's witnesses. Closing arguments follow and the jury begins to deliberate on the evidence, eventually reaching a verdict.
Acquittals Versus Convictions
Criminal trials usually end with an acquittal or a conviction. If the jury finds the defendant "not guilty," the defendant is free to leave the court of his own accord. On the other hand, if the defendant is deemed guilty by the jury, sentencing begins. In the United States, the defendant can file one or more appeals after being convicted. If an appeal is successful, the prosecutor's office can file their own appeal or negotiate a "guilty with time served" plea.
Though criminal trials follow a precise and distinct process, they can quickly become complicated. Statements from attorneys, witness testimony, rebuttals, deliberations, and appeals (if necessary) make the advice of a trained criminal lawyer essential. - 31397
Considerations Of A "Speedy Trial"
Every person who has been charged with a crime has the right to a "speedy trial" (provided by the Sixth Amendment). However, there is a fair amount of confusion surrounding the term. First, a speedy trial may be defined differently in different states. For example, California may require that the prosecutor's office begin trial 60 days after a defendant has been charged. By contrast, Florida affords 90 days to the prosecutor.
Once a defendant has requested a speedy trial, any future complaints of not having had sufficient time to prepare will be ignored. On the other hand, if a speedy trial is requested and the prosecutor's office isn't ready by the deadline, the indictment may be thrown out.
Selecting The Jury
Jury selection is the process by which the judge and lawyers for the defense and prosecution can choose jurors. A random pool of potential jurors is gathered and each is questioned to determine their ability to participate without bias. The prosecutor's office and the defense lawyers are typically given a number of opportunities to "dismiss" potential jurors without explaining the reason. Plus, both sides can challenge potential jurors, alleging prejudice. If the judge agrees, those jurors may also be dismissed.
The Trial Begins
Criminal trials begin with a reminder to the jury panel of the defendant's presumed innocence. That is, the prosecutor must prove guilt. After the prosecution and the defense offer opening statements, witnesses are called (the prosecution goes first). At this point in the trial, the defense will often argue that the case against his client lacks enough evidence to proceed and thereby, the charges should be dismissed.
After the defendant presents his case, the prosecutor can call witnesses forward to rebut the evidence that was offered. To ensure fairness, the defense may then call additional witnesses to respond to statements made by the prosecution's witnesses. Closing arguments follow and the jury begins to deliberate on the evidence, eventually reaching a verdict.
Acquittals Versus Convictions
Criminal trials usually end with an acquittal or a conviction. If the jury finds the defendant "not guilty," the defendant is free to leave the court of his own accord. On the other hand, if the defendant is deemed guilty by the jury, sentencing begins. In the United States, the defendant can file one or more appeals after being convicted. If an appeal is successful, the prosecutor's office can file their own appeal or negotiate a "guilty with time served" plea.
Though criminal trials follow a precise and distinct process, they can quickly become complicated. Statements from attorneys, witness testimony, rebuttals, deliberations, and appeals (if necessary) make the advice of a trained criminal lawyer essential. - 31397
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