1. The Criminal Trial Process

2. 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

3. 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

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

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

6. 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

7. 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”

8. 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”

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