What are the 9 steps in a criminal trial?
Asked by: Prof. Jacey Lang PhD | Last update: August 1, 2025Score: 4.7/5 (38 votes)
- Investigation.
- Charging.
- Initial Hearing / Arraignment.
- Discovery.
- Plea Bargaining.
- Preliminary Hearing.
- Pre-Trial Motions.
- Trial.
Which of the 9 stages of a criminal jury trial is the most important?
Stage One - Jury Selection
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 8 steps in a trial?
- Step 1: Arrest. A criminal case starts when a person is arrested for the crime. ...
- Step 2: Bail. ...
- Step 3: Arraignment. ...
- Step 4: Preliminary hearing. ...
- Step 5: Pre-trial conference. ...
- Step 6: Jury trial. ...
- Step 7: Sentencing. ...
- Step 8: Appeal.
What are the 7 basic steps in a criminal case?
- Arrest. An arrest is made by the Police/Sheriff Department or a citation to appear in Court is issued. ...
- Initial Appearance. ...
- Preliminary Hearing or Trial Information. ...
- Arraignment. ...
- Pleas. ...
- Jury Selection. ...
- Trial. ...
- A trial usually consists of the following steps:
What is the sequence of a criminal trial?
The state presents its case first, followed by the defendant. At the close of evidence, the jury deliberates and renders a verdict of “guilty” or “not guilty.” If the jury cannot reach a unanimous verdict, the court may declare a mistrial, in which case the state may be able to re-try the case with a new jury.
What is the Court Process of a Criminal Case?
What are the steps before going to trial?
- Get familiar with the rules of evidence.
- Review all the papers filed, evidence, and declarations.
- Prepare your exhibits and arrange for witnesses.
- Watch a trial (if possible)
- Write down what you plan to say and ask at trial.
- Prepare your jury instructions.
- Prepare a trial brief.
What is the sequential order of the criminal case?
About This Article Briefly: The general sequence of events in a felony case is arrest, arraignment, preliminary hearing setting conference (a hearing), preliminary hearing, superior court arraignment (on the information), pretrial hearing, and then trial.
What is the rule 11 of criminal procedure?
A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.
What are the 7 steps in a jury trial?
- Selecting a jury.
- Opening statements.
- Witness testimonies and cross-examination.
- Closing arguments.
- Jury instruction.
- Deliberation and verdict.
What are the 6 stages of committing a crime?
- Arrest. Police will arrest you for an alleged wrongdoing. ...
- Arraignment. ...
- Preliminary Hearing. ...
- Pre-Trial Conference. ...
- Trial. ...
- Sentencing and Appeals.
Who goes first in closing arguments?
The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendant's closing argument. In many jurisdictions, the plaintiff may use all of the allotted time, or the plaintiff may reserve time (e.g., ten minutes) to use after the defendant's closing argument.
What is the rule 8 in criminal procedure?
Rule 8(a) permits offenses of the “same or similar character” to be joined against a single defendant while Rule 14 allows district courts to sever the offenses if joinder “appears to prejudice a defendant.” The circuit courts have taken divergent views of when offenses are of the “same or similar character” and thus ...
How many steps are in a trial?
Criminal Trial Phases
A criminal trial typically consists of six following phases: Choosing a Jury. Opening Statements. Witness Testimony and Cross-Examination.
What are two things jurors should never do?
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them. Don't try to guess what might happen if the case you have heard is appealed.
What are the 6 steps in a criminal trial?
- Pick a jury and evidence issues. Jury selection. ...
- Opening statements. Both sides start by giving an overview of what they plan to show at the trial. ...
- Prosecution presents its case. The prosecution presents its witnesses and evidence. ...
- Defense presents it case. ...
- Closing arguments. ...
- Jury makes a decision.
Why are there 12 jurors in a trial?
It seems the tradition of having 12 members for a jury in a criminal case, apparently originating from the Welsh King Morgan of Gla-Morgan, who originated jury trials and this number in 725 A.D. Legend has it he decided on the concept of a Judge and 12 jurors, based on Jesus and the 12 Apostles, and though, in the vast ...
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
Who presents first in a criminal trial?
The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
What does "voir dire" mean?
What does the term "voir dire" mean? The phrase "Voir Dire" literally means, "to speak the truth." In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.
What is the rule 9 of Criminal Procedure?
Rule 9 of the Federal Rules of Criminal Procedure is closely related to Rule 4. Rule 9 deals with arrest procedures after an information has been filed or an indictment returned. The present rule gives the prosecutor the authority to decide whether a summons or a warrant shall issue.
Can a judge reject a guilty plea?
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
What is the rule 40 in Criminal Procedure?
Rule 40 currently refers only to a person arrested for failing to appear in another district. The amendment is intended to fill a perceived gap in the rule that a magistrate judge in the district of arrest lacks authority to set release conditions for a person arrested only for violation of conditions of release.
What is the final order in a criminal case?
A final order is a legal decision or ruling that concludes a case and cannot be appealed. It is the last decision made by a court or administrative agency in a legal matter.
What are the stages of the criminal process UK?
- Step 1: The police investigation. The police are responsible for investigating crime. ...
- Step 2: Will the case be prosecuted? ...
- Step 3: Prosecution in the Magistrates' Court. ...
- Step 4: Trial and outcome. ...
- Step 5: Appeal.
What is a UK court order?
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case.