What are the 7 stages of a criminal trial?

Asked by: Nyasia Mante MD  |  Last update: September 19, 2023
Score: 5/5 (60 votes)

Criminal Trial Phases
  • Choosing a Jury.
  • Opening Statements.
  • Witness Testimony and Cross-Examination.
  • Closing Arguments.
  • Jury Instruction.
  • Jury Deliberation and Announcement of Verdict.

What are the 10 stages of a criminal trial?

MENU Steps in the Federal Criminal Process
  • Investigation.
  • Charging.
  • Initial Hearing / Arraignment.
  • Discovery.
  • Plea Bargaining.
  • Preliminary Hearing.
  • Pre-Trial Motions.
  • Trial.

What is the proper order of a criminal trial?

Before the lawyers present evidence and witnesses, both sides have the right to give an opening statement about the case. During the trial, lawyers present evidence through witnesses who testify about what they saw or know. After all the evidence is presented, the lawyers give their closing arguments.

What are the 8 stages of a trial?

Stages of a Criminal Trial
  • Stages of a Criminal Trial. ...
  • Voir Dire. ...
  • Opening Statements. ...
  • Prosecution Evidence and Witnesses. ...
  • Motion for Directed Verdict. ...
  • Defense Evidence and Witnesses. ...
  • Closing Arguments. ...
  • Jury Charge.

Which side goes first in a criminal trial?

Since the burden of proof is on the state, the prosecution presents their case and all of their evidence first. After the prosecution has presented their case, the defense can question the prosecution's witnesses. Then the defense may present its case and all of its evidence.

What is the Court Process of a Criminal Case?

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What does the judge say to start the trial?

The bailiff announces when a judge enters a courtroom by saying, “All rise!” to show respect. Everyone stands until the judge says, “Please be seated.” 2. The jury is seated where members can see all trial actions easily.

Which side gets the last word in a trial?

The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.

What is the most important stage of a trial?

Jury selection is one of the most important parts of a federal criminal trial. Many volumes have been written providing advice regarding how to handle this part of the trial.

What are the 12 steps in a trial in order?

The 12 Step Process of a Criminal Case
  • Arrest: Typically, the initial contact you have with the criminal justice system is through an arrest being made. ...
  • Initial Appearance: ...
  • Preliminary Hearing: ...
  • Arraignment: ...
  • Trial: ...
  • Opening Statements: ...
  • Witnesses: ...
  • Closing Arguments:

What is the burden of proof in a criminal case?

THE PROSECUTION IN A CRIMINAL CASE BEARS THE BURDEN OF PROVING TO THE JURY BEYOND A REASONABLE DOUBT ALL OF THE ELEMENTS NECESSARY TO ESTABLISH THE GUILT OF THE DEFENDANT.

What is a silent plea?

The defendant can plead guilty, not guilty, or stand mute (also known as a “standing silent” plea). Standing mute or silent means a defendant does not take a stance on being guilty or not guilty; they remain silent pursuant to rights guaranteed by the 5th Amendment.

What are the 2 sides of a criminal case?

The prosecution is the lawyer, or lawyers, charged with resolving a criminal case. This happens primarily by one of two ways: either through a negotiated plea bargain; or by proving the defendant guilty of the charged crime to a judge or jury. The defendant is the person accused of a crime.

Why would a defendant agree to a plea bargain?

When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a more lengthy sentence. A defendant may only plead guilty if they actually committed the crime and admits to doing so in open court before the judge.

What is the last stage of a criminal trial?

Deliberation and Verdict

During the final stage, the judge provides the jury with instruction and they deliberate. The jury attempts to agree on whether or not the defendant is guilty or not guilty. Depending on the case, the deliberation process can last anywhere from a couple of hours to a couple of weeks.

What are the steps in a typical trial?

A criminal trial typically consists of six following phases:
  • Choosing a Jury.
  • Opening Statements.
  • Witness Testimony and Cross-Examination.
  • Closing Arguments.
  • Jury Instruction.
  • Jury Deliberation and Announcement of Verdict.

How many levels are there in criminal case?

Levels are a progression feature integrated into Criminal Case. The player will reach a new level each time they accumulate a certain amount of XP points. There are currently 850 levels existing in the game.

What are the first 5 steps in a trial?

They five stages are as follows: the first appearance, the arraignment, motions, pre-trial conference and trial.
  • First Appearance. The first appearance is the accused's first opportunity to appear before a judge. ...
  • Arraignment. The next stage is the arraignment. ...
  • Motions. ...
  • Pre-trial Conference. ...
  • Trial.

What is due process in criminal justice?

Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime.

What are three things the 6th gives you in a trial?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Who is the most important person in a trial?

The judge is the central figure in the courtroom and typically is seated higher than everyone else. The judge allows each side the opportunity to present its version of the facts. A court reporter (in superior court), a clerk, and a bailiff each assists the judge with the trial.

How long does trial last?

A trial can last up to several weeks, but most straightforward cases will conclude within a few days. In a typical trial, lawyers on both sides will present their argument with supportive evidence and question witnesses.

What happens after being found not guilty?

If a defendant is found not guilty, he or she is not legally answerable for the criminal charge filed against him/her. An acquittal comes about when the trier of fact, a judge or jury, finds a defendant “not guilty” of the crime charged.

What does a judge say to end a trial?

Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.

What do lawyers say at the end of a trial?

The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client's favor.

Does the judge get the final say?

Judges in federal courts, from district courts up to the U.S. Supreme Court, have the final say on issues that have an effect on the lives of every American, including basic civil rights, religious freedoms, voting rights, affirmative action, and in some cases, life or death.