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[ Back Home ] July 2, 2006Criminal Trial StagesThere are eight stages to a criminal trial. Today, I will briefly lay out the sequence of a typical criminal trial. In future articles, I will delve deeper into each criminal trial stage. Without further ado, let’s get started. Stage One: Trial Initiation This is the first part of any criminal trial. By federal law, those accused of a crime must be brought to trial in a speedy fashion. On specific federal law pertaining to this stage is the Speedy Trial Act. The Speedy Trial Act was formulated in 1974. It requires that proceedings being within a specified period of time. The accused can’t simply get lost in jail while the government takes its time getting to the matter. Stage Two: Jury Selection The media, especially TV shows, have focuses heavily on jury selection. According to the Sixth Amendment, we have the right to an impartial jury. As court cases in the past have indicated, juries may not always be impartial—or intelligent. Jury duty is a mandatory activity for those called upon to serve—unless you can convince those in charge that you have conflicting issues. Stage Three: Opening Statements Both the prosecution and defense make their opening statements to the judge or the jury. The opening statements are about the case and what the prosecution or defense tends to show and prove. Lawyers are supposed to exercise good ethical communication in their opening statements. Stage Four: Evidence Presentation This is really the bulk of a criminal trial. During this stage of a criminal trial both, sides present evidence and try to refute evidence. Evidence will be presented in many forms. Witnesses are also called to testify in this stage. Evidence has many forms including: direct evidence, circumstantial evidence and real evidence. Stage Five: Closing Arguments When a criminal trial is ready to conclude, the closing arguments are made. Both sides will give it one last chance to get the judge or jury to see it their way. Movies and shows on TV typically show quite dramatic closing arguments. Which side goes first really depends, but it is usually the defense. A closing argument is an oral summation of the criminal trial. Stage Six: Judge’s Charge to the Jury Since all the evidence and arguments have concluded, the judge now charges the jury to select a foreman and go deliberate until a verdict is reached. At this time the judge will usually remind the jury of specifics, such as where the burden of proof lies. Stage Seven: Jury Deliberations and the Final Verdict Finally, the jury goes into deliberations until a verdict is reached. Once a verdict is reached, all parties are notified. If the jury can’t reach a verdict, it is a hung jury. The deliberation time for a criminal trial varies widely. Stage Eight: The Verdict The reading of the verdict is dramatic point in movies and television shows. Once the jury in a criminal trial has a verdict, everyone is brought back into the court. The defense rises and the verdict is read aloud. One Response to “Criminal Trial Stages”Leave a Reply |
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May 18th, 2008 at 1:25 pm
I would like to say that this really helped me alot in understanding each stage. It broke it down for me.