What happens at trial?
The trial may be before a jury of twelve people, or a judge alone if the defendant so requests. The trial begins with both sides having an opportunity to make an opening statement on the facts they expect to prove. The prosecutor then presents the State’s case by using witnesses and exhibits. When the prosecutor has finished, the defense attorney may give an opening statement if it has not already been given. The defense attorney then may present a case using witnesses and exhibits. The defendant is not required to prove anything. The defendant is present in the courtroom during the entire trial. The defendant can decide not to testify. Once the defense has completed its case, both sides are allowed to make closing arguments, with the prosecutor going first. The judge or jury will then review the evidence they have heard and make a decision of guilty or not guilty. The defendant must be proven guilty by the prosecutor beyond a reasonable doubt. All jurors have to agree on the verdict.
If the case goes to trial, the plaintiff goes first and presents his or her witnesses, documents and any other evidence which helps prove the plaintiff’s case. The defendant then puts on his or her witnesses, documents and any other evidence in defense. The case is then presented to the judge or jury, who decides who wins and, if the plaintiff wins, the judge or jury decides how much money the plaintiff gets.
A. If the case goes to trial, the plaintiff goes first and presents his or her witnesses, documents and any other evidence which helps prove the plaintiff’s case. The defendant then puts on his or her witnesses, documents and any other evidence in defense. The case is then presented to the judge or jury, who decides who wins and, if the plaintiff wins, the judge or jury decides how much money the plaintiff gets.
First, the jury is selected (unless the defendant elects and the prosecution agrees to have a trial by judge, commonly referred to as a bench trial). Once the jury has been impaneled (seated for the duration of the trial), the proceedings begin. Defendants have a constitutional right to a public trial. Opening statements then follow. The prosecutor addresses the jury first, explaining the nature of the case and what he or she intends to prove happened. Then the defense lawyer may offer an opening statement, or may reserve the opening statement until after the prosecution has finished its case. Next, the prosecution puts on its case in chief, which usually involves direct testimony by witnesses and the introduction of any physical evidence against the defendant, such as a gun or other implements of the alleged crime. Defense lawyers may cross-examine the prosecution witnesses by asking questions designed to raise doubt about the government’s case.
Typically, at the start of a trial the jury will be given preliminary instructions. The jury is instructed at this time that the defendant is presumed innocent, and that the presumption of innocence does not change until the jury begins deliberations. Jurors are not supposed to abandon the presumption of innocence before hearing all of the evidence in the case. Next, the attorneys will present opening statements. Witnesses are presented first by the prosecution, and next by the defense. At times, the defense will not present any witnesses, either because the prosecution called all of the relevant witnesses during its case, or because the defense wishes to argue that the prosecutor’s case is insufficient to justify conviction. The defendant cannot be compelled to testify against himself, but he has the right to testify in his own defense if he chooses to do so.
