Criminal Trial
A criminal trial is a process for establishing whether an individual is legally guilty of a criminal offense. If a trial results in a guilty verdict for a felony offense charge, the possible punishment may include imprisonment of more than one year and in certain extremely serious cases may range in severity to include the death sentence where a defendant is convicted of murder. A trial may also be held on the basis of a misdemeanor offense charge, which covers acts for which the maximum punishment allowed by law is no more than one year imprisonment, probation, or a fine.
Opening Statements- After the judge delivers the preliminary instructions, the assistant district attorney (prosecutor) will make an opening address to the jury outlining the charges and the evidence that will be offered to sustain the case. It is important to note that a criminal charge is only an accusation; the burden of proving that the defendant is guilty always rest with the prosecution. The attorney for the defendant is also allowed to make an opening statement but there is no obligation to do so. The defendant may choose not to speak in his or her defense at all.
People's Direct- At this point in the trial, the prosecution will present its proof. Because the prosecutor represents the people of the State of New York, this phase of the trial is often referred to as the "People's Direct". Proof may be offered in the form of the testimony of witnesses and the introduction of physical objects or records.
Redirect- Following questioning by the prosecutor, the defense attorney may cross-examine the witnesses by asking his or her own questions. The prosecutor may then wish to ask clarifying questions on "redirect" examination. This process continues until all the witnesses for the prosecution have testified.
Defense Case- The defense case may involve many witnesses, possibly the defendant, or there may be no witnesses at all. This phase of the trial may also involve a sequence of questioning by the defense counsel and the prosecutor. When the defense has completed the presentation of its witnesses and the questioning is exhausted, the defense will rest its case.
Rebuttal- The prosecutor may have a rebuttal case if a specific defense is raised. The prosecutor cannot, however, save evidence from his or her direct case for rebuttal. The defense counsel may cross examine rebuttal witnesses. The People will then rest their case.
Summation- The defense attorney will generally deliver a summation argument and may attack the testimony or credibility of witnesses or the prosecutor's evidence or lack of evidence. The prosecutor's summation offers reasons why the evidence shows that the defendant is guilty beyond a reasonable doubt.
Jury Instructions- At the conclusion of the summation arguments, the judge will charge the jury, or describe to the jury the law that is applicable and the elements of the crime charged. The judge also will explain legal concepts such as the "presumption of innocence", "burden of proof", and "beyond a reasonable doubt". After the judge gives these instructions, the prosecutor and the defense attorney may ask for additional instructions or they may object to those that were given.
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