The Criminal Trial Process

Pre-Trial Accused Person is arrested and read their rights “Innocent until proven guilty” Preliminary Hearing Charges are explained (writ of Habeas Corpus) and Bail is set if applicable. Bail will be denied if person is too dangerous or a risk to flee/hide

Pre-Trial Indictment In capital cases (murder or treason against the US) a jury examines the evidence before charges are brought against the accused person Arraignment Accused person enters their plea. If not guilty, trial date is set. If Guilty, sentence is decided usually based on a plea bargain

Step 1: Opening STATEMENTS Opening statements introduce both sides arguments in the case. Prosecution goes first then the defense

Step 2: Presentation of Prosecution’s Case Evidence is presented through witness testimony and documents PROSECUTION’S direct examination DEFENSE’S cross-examination

Step 3: Presentation of Defense’s Case The Defendant has a right NOT to be called as a witness (5th amendment) DEFENSE’S direct examination PROSECUTION’S cross-examination

Step 4: Closing ARGUMENT NOT like opening statements ARGUES the facts that came out during the case Prosecution goes first Defense goes second Prosecution has an opportunity for “rebuttal”

Step 5: Verdict Guilty = JURY MUST BE UNANIMOUS Not Guilty = JURY MUST BE UNANIMOUS If the jury is not unanimous the case may be thrown out or set for a retrial. This is known as a “hung jury”

Process Summary Step 1 Step 2 Step 3 Step 4 Step 5