The Trial Process

The court participants from the state include the court clerk, the court recorder, the bailiff, the prosecutor or prosecution team, the judge, and the jury. 

The defense comprises the defendant and the defense attorneys. 

The trial also involves the victim, as well as any witnesses and experts called to testify. 

The timely completion of a criminal trial requires the speedy execution of certain tasks, such as preparing files for the judge and jury, keeping paperwork and other documentation related to the trial in order, maintaining court records and evidence, swearing in the witnesses and jurors, and issuing summons regarding pleas and pretrial motions. The court clerk performs these functions. The clerk acts as an assistant to the trial judge during pretrial proceedings and the criminal trial.

Also called the court reporter, a court recorder maintains a written record of everything said during a trial. The court recorder records every word spoken by the lawyers, the judge, and the witnesses called to the stand. The court recorder can ask the judge to pause if the recorder missed or could not hear something said by the other participants. Court recorders must have a typing speed of 200 words per minute, and courts consider them more efficient and reliable than technology such as digital recorders. The written records maintained by court recorders serve as full-fledged documentation of everything said and presented during a trial.

Criminal trials might witness intense arguments and emotional outbursts from the defendant, the victim or victims, and the witnesses. In some cases, a defendant has attempted to harm the victim, the prosecutor, or others present in the courtroom. Thus, security is a top priority during criminal trials, and that is where the bailiff comes in. A bailiff is usually a Deputy County Sheriff or a US Deputy Marshal, depending on whether they provide security at a state court or a federal court. A bailiff is an armed law enforcement officer entrusted with the security of the court. Apart from escorting the jury members and defendants to and from the courtroom as the trial progresses, the bailiff restores order in the courtroom if there is a disturbance. The bailiff has the authority to use force and arrest anyone who disrupts court proceedings.

The victim is not always an active participant in a criminal trial. In cases of crimes such as murder, the victim is obviously not part of the trial. However, even in case of less heinous crimes, a victim may be traumatized and not want to be subjected to the defense lawyer’s cross-examination. Some victims also find it disturbing to face the accused, and so they may choose not to testify in court. If, however, the defendant invokes the Sixth Amendment right to confront an accuser, the witness must testify in court. Some states have exceptions called shield laws, which protect certain victims, such as children. In these cases, victims can record testimony that the prosecution will play in court, instead of the person testifying in open court.

The state appoints a prosecuting attorney to fight its case against the defendant. State prosecutors take office when elected by residents of the county they represent, but federal prosecutors receive appointments at the federal level. The prosecutor gathers evidence against the defendant and presents it before the judge and jury. In criminal cases, the burden of proof lies on the prosecution the prosecution must present evidence and witnesses to establish the defendant’s guilt beyond reasonable doubt. In addition, the prosecutor cannot conceal evidence that indicates the defendant’s innocence. The state assumes that prosecutors fight for justice, not to win.

The witnesses are people who have information about the case, which can prove crucial to the outcome of the trial. Witnesses must swear to tell the truth, and they face perjury charges if the court catches them lying. Both the defense and the prosecution can present witnesses. Witnesses are one of three types: 

1. Eyewitnesses (individuals who saw part of the crime or the entire crime being committed)

2. Expert witnesses (forensic experts, psychologists, and so on)

3. Character witnesses (individuals who testify about the character and ethics of the defendant).

In some cases, witnesses receive protection during and after the trial to ensure their safety. The state may even place witnesses in witness protection programs after the trial. In some cases, witnesses are co-defendants who testify against others to get charges against them dropped or to receive a lesser sentence.

The role of a judge in a criminal trial is like that of an impartial referee in a boxing match. A judge (and not the jury) decides whether the defendant is guilty in a bench trial. A bench trial, as opposed to a jury trial, is a criminal trial in which a judge decides the verdict instead of a jury. To receive a bench trial instead of a jury trial, the defendant must send a written request to the court. There are a few reasons why a defendant might opt for a bench trial. First, bench trials proceed at a much quicker pace than jury trials because it requires no time for jury selection. Second, a judge is more knowledgeable about the law than a jury. In some cases, this knowledge can help the defendant’s case. A judge must be completely unbiased, according to the Code of Judicial Ethics. This code is not applicable to jurors, who may allow personal opinions to sway them, even though the court expects them to be unbiased and make decisions based on the evidence presented in court.

In every trial, the judge decides what the prosecution and defense can present for evidence and witnesses in court. The judge has the power to punish any person in the courtroom who violates a rule by holding the person in contempt of court. In other words, the judge can hold the lawyers, jurors, victim, defendant, witnesses, or anyone else in the courtroom in contempt of court, for which the court can fine or even imprison them.

In a jury trial, the jurors are responsible for deciding whether the defendant is guilty or innocent. The court selects members of the jury before the trial starts through a process known as voir dire.

Voir dire is the process through which the court selects potential jurors from a jury pool to form the jury for a particular trial. In this process, the defense and prosecuting attorneys ask questions to determine whether the juror is capable of making a rational decision. They ask jurors questions about their experiences, opinions regarding the case, etc., to ensure that they have no bias toward the defense or the prosecution before the trial begins. The court forms a jury of 12 members in most federal cases, but for other cases, the number of jurors depends on the case and state requirements. The court selects at least two alternate jurors from the pool, in case any of the main jury members become unable to serve on the jury during the trial.

Since deciding on the verdict lies with the jury, the prosecutor and defense attorney try to convince the jury with the evidence and witnesses they present. The jury deliberates to determine the authenticity of the evidence and witness testimony. Since the defense and prosecution usually present contradictory evidence, the jury must decide which side has more credibility.

The defendant is the person under trial for the charges filed by the prosecution. Based on the evidence and witnesses presented, the jury (or the judge, in the case of a bench trial) delivers a verdict of innocence or guilt. The defendant has the right to an attorney. If the defendant cannot afford an attorney, the court appoints one free of cost. During the trial, the defendant can refuse to testify (or plead the Fifth Amendment). If convicted, a defendant receives a sentence commensurate to the crime. If found not guilty, the charges are dropped and the defendant is free to go. The state cannot retry that person for the same crime because of the double jeopardy rule.

The defense attorney’s role is to find and present evidence in favor of the defendant, establishing that the defendant is not guilty of the crime. Any information that the defendant shares with the defense attorney comes under attorney-client privilege. In other words, the defense attorney cannot divulge these details to anyone without the client’s permission. The defense attorney must follow the ethical guidelines laid down by the American Bar Association. In a criminal trial, the attorneys on both sides may face moral or ethical dilemmas. For instance, a defense attorney might have to defend a murder suspect who confessed to being guilty. The court expects defense attorneys to ignore personal feelings and put up the best possible defense for their clients.

A criminal trial starts with the prosecution and defense attorneys making their opening statements to the jury. The prosecution is the first to give its opening statement. The prosecutor describes the nature and degree of the crime that they claim the defendant committed and the kind of evidence that they will present during the trial. Next, the defense attorney delivers the opening statement and contradicts the accusations made against the defendant.

After the opening statements, the prosecution presents evidence and witnesses. The evidence they present in a courtroom is one of four types: real, testimonial, direct, and circumstantial.

1. Real evidence is mostly physical in nature, such as a murder weapon, fingerprints found on the weapon, a DNA report, and so on. It shows a clear connection between the defendant and the crime. However, the prosecution must support direct evidence with other details, such as the time and place where the police discovered the evidence, the police officer who found the evidence, and any forensic reports linking the defendant to the evidence.

2. Testimonial evidence is the reasoning behind the direct evidence. It includes testimonies by witnesses who saw, heard, felt, or experienced the crime in some fashion. An average person can provide such evidence, because it relies on experience and does not require any specific knowledge. An expert witness, such as a forensics expert, can also provide testimony based on expert knowledge.

3. Direct evidence is a type of real or testimonial evidence that establishes a direct link between the crime and the defendant, such as an eyewitness who saw the defendant committing the crime.

4. Circumstantial evidence establishes a link between the defendant and the crime, but does not clearly prove that the defendant committed the crime. For instance, a witness might claim to have seen the defendant near the crime scene. However, this evidence is not enough to prove that the defendant committed the crime.

After the prosecution presents its evidence and witnesses, the criminal trial progresses to the next step: direct examination. The prosecutor questions the witnesses (who are under oath to tell the truth) regarding the information they have about the case that is meant to establish the defendant’s guilt.

After the direct examination, the defense attorney questions the prosecution’s witnesses in the cross-examination. Here, the defense attorney’s intention is to question and undermine the credibility of the prosecution’s witnesses in front of the jury.

After the cross, the prosecution gets a redirect examination, which is another chance to question the witnesses and reinstate any credibility that might have been lost during the cross-examination.

The defense has the option to question the witnesses again in a recross examination.

After the prosecution presents its case, the defense attorney may request a directed verdict. If the prosecution was not able to provide evidence and witnesses that reasonably established the defendant’s guilt, the judge can redirect the jury to declare the defendant not guilty of the crime. Although this is rare, the defense need not even present its evidence and witnesses in such a case.

In most criminal cases, however, the defense must proceed with presenting their case. The direct, cross, redirect, and recross examinations of the defense’s witnesses take place in the same order as occurred with the prosecution’s witnesses.

At this stage, the prosecution can bring in its own witnesses to provide testimonies that contradict the defense’s evidence and witnesses. This step is the prosecutor’s rebuttal. The defense attorney has the right to respond with a surrebuttal.

After the rebuttals, both sides rest. Then the defense and prosecution make their closing arguments to the judge and jury, summarizing their cases. First, the defense attorney tries to convince the jury that the prosecution failed to prove the defendant’s guilt. Next, the prosecuting attorney tries to convince the jury that the evidence and witnesses presented do establish the defendant’s guilt beyond a reasonable doubt. Neither side can present new evidence at this stage in the trial.

After closing arguments, the judge prepares a written document called the charge to the jury. This document consists of instructions to the jury regarding the case. The document includes a summary of the evidence and witnesses presented during the trial. It also states the laws that are applicable to the type of crime (first- or second-degree murder, manslaughter, etc.). The document also instructs the jury regarding the classification of evidence (real, testimonial, circumstantial, and direct). The instructions might also outline what evidence the jury should consider (and should ignore) to determine the defendant’s guilt or innocence.

While this is not technically part of the trial process, the prosecution and defense can reach a plea agreement at any stage during the trial. In such a case, the defendant pleads guilty in order to receive a lighter sentence than would be likely after a guilty verdict from the jury. Around 90 percent of criminal cases in the United States end with a plea agreement, because it saves time and benefits both sides in a trial. The prosecution gets a guaranteed conviction, and the defense secures a lighter sentence. While the defense and prosecution usually reach plea agreements before a case even comes to trial, plea bargaining sometimes continues during a trial. However, the two sides must reach a plea agreement before the jury declares its verdict.

The jury deliberations might go on for hours, or even days. There is no limit on the time that a jury can take to come to a decision. During deliberations, jurors cannot view media coverage or speak to anyone outside the courtroom. The jurors must reach a unanimous verdict regarding the defendant’s guilt or innocence. A hung jury occurs when the jurors cannot agree on a verdict. The judge declares a mistrial in such cases, and orders a new trial for the defendant.

When jurors do arrive at a unanimous verdict, the jury informs the bailiff that it has reached a verdict. The bailiff notifies the judge and the attorneys, and they reassemble in court. Then the jury’s foreperson reads out the verdict in court. The judge conducts a jury poll to check whether the jurors unanimously arrived at the same decision and to ensure there was no coercion. After the poll, the judge announces the jury’s final verdict.

If the jury declares the defendant guilty of the crime even though the evidence clearly suggests otherwise, the judge can pass a directed verdict and declare the defendant not guilty of the crime. However, if the jury’s verdict states that the defendant is not guilty in spite of evidence clearly indicating guilt, the judge cannot overturn the jury’s verdict. If the jury returns a not guilty verdict, the judge drops all charges against the defendant. The prosecution cannot try the defendant on the same charges in the future (because of the double jeopardy rule).

If the jury returns a guilty verdict, the defendant has the right to appeal the verdict in a court of appeals. The defense can request a new trial if new evidence that establishes the defendant’s innocence is found. Whether or not the appeals court grants a new trial depends on the merits of the new evidence and the grounds for appeal. The defense can also file an appeal based on objections raised during the trial; for example, if the prosecution presents a confession that was not voluntary or physical evidence that the police obtained illegally. Errors in procedures are also grounds for an appeal.