What is the process of a 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.

• Selecting a jury.
• Opening statements.
• Witness testimonies and cross-examination.
• Closing arguments.
• Jury instruction.
• Deliberation and verdict.

What not to say to a judge?

What if one juror disagrees?

If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A “hung jury” results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.

What is the golden rule of the jury trial?

A “golden rule” argument is one that, regardless of the nomenclature used, asks the jurors to place themselves in a victim's position. We have repeatedly held that a golden rule argument is improper, and we conclude that the State violated this prohibition in its closing argument.

How long do most trials take?

How long does a trial take? The length of each trial varies depending on the type of trial, the complexity of the issues involved with that trial, and how long jurors are expected to spend in deliberations. Most trials are completed within a few days to a week.

What rights does every juror have?

As a juror, you have the right to vote your conscience, even if it means setting aside the law to conscientiously acquit someone who has technically broken the law. You cannot legally be punished for or required to change your verdict. In fact, there is no requirement for jurors to deliver a verdict.

How much evidence is needed to go to trial?

When a lawsuit goes to trial, there are several evidentiary standards the California courts use to reach a conclusion. The basic standard, a “preponderance of evidence,” is necessary to demonstrate that it is more likely than not that certain allegations are true.

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 an indictment in simple terms?

An indictment means that a grand jury, not a prosecutor, has filed criminal charges against you. The indictment is a criminal charge that must be proven against you beyond a reasonable doubt. It's not a conviction and can't be used as evidence that you committed the crime charged.

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 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.

How often do people win trial?

In 2016, out of 1.2 million people tried, only 1,039 were found not guilty - an acquittal rate of around 0.08%. In 2013, the conviction rate reached 99.93%, with 825 people acquitted out of 1.16 million people put on trial.

What percentage of trials are successful?

Clinical trials are an essential process in the development of new drugs. In spite of time-consuming processes and high costs, the overall success rate of clinical trials is only 7.9%, which is a high risk for biopharmaceutical companies.

Why do cases go to trial?

Trial. If the two sides don't reach an agreement and the judge has not dismissed the case, then it will go to trial. This is usually a jury trial.

Why do all 12 jurors have to agree?

The need for accuracy, representativeness and public confidence in verdicts all argue for the unanimity standard in civil cases. In deference to local variation on this question, the [ABA] proposes that, in no case should a verdict be accepted that is concurred in by less than five-sixths of the jurors.

What is reptile theory?

Reptile theory encourages the jury to focus on the acts of the defendant rather than the specific facts surrounding the individual plaintiff's injury. Combat that strategy by assessing your case promptly and developing your defense theory at the outset.

How many jurors must agree with the verdict?

When it is time to count votes, it is the presiding juror's duty to see that this is done properly. In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.

What makes a bad juror?

It is important to distinguish an ineligible juror from one who simply cannot be impartial due to a life experience, a strong religious belief, a loyalty to law enforcement due to a family member or friend being in law enforcement or some other factor that prevents that juror from hearing all the evidence before making ...

Do lawyers select jurors?

Jury Selection

At trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime.

Why is juror 3 a bad juror?

In the story, Juror 3 is the antagonist, constantly bullying others to get them to change their votes to ''guilty. '' He is loud, boisterous, and quick to anger. Despite his efforts to stick to the facts, he takes the trial personally because of his strained relationship with his son.