WHAT HAPPENS AT A TRIAL?

Trial - Jury Selection, Trial, Evidence, and Verdict

The trial process involves selecting an impartial jury, presenting evidence, argument, deliberation, and reaching a verdict.

Jury Selection (Voir Dire):

• Jury Pool: A group of potential jurors is summoned to the courthouse from the community, and their names are selected randomly from voter registration lists or other sources.

• Questioning: During the voir dire process, both the prosecution and the defense, along with the judge, question potential jurors to ensure their impartiality and suitability for the case.

• Challenges: Attorneys may use peremptory challenges (without stating a reason) or challenges for cause (with a specific reason) to exclude certain jurors. The goal is to select a fair and unbiased jury.

Trial:

• Opening Statements: Both the prosecution and the defense present their opening statements, outlining their respective cases and what they intend to prove.

• Presentation of Evidence: Witnesses are called, and evidence is presented, including documents, testimony, physical evidence, and expert opinions, depending on each case.

• Cross-Examination: Attorneys have the opportunity to cross-examine witnesses presented by the opposing side.

• Closing Arguments: Both sides present closing arguments summarizing their case and emphasizing key points.

Burdens of Proof:

• Criminal Cases: In criminal cases, the burden of proof rests on the prosecution to prove the defendant’s guilt to the fact-finder (judge or jury) "beyond a reasonable doubt." This is the highest standard of proof and means that the prosecution must prove the defendant's guilt to the extent that there is no reasonable doubt in the minds of the jurors.

• Civil Cases: In civil cases, the burden of proof is typically "by a preponderance of the evidence" to establish liability or responsibility. This means that the party bringing the case must prove their case is more likely true than not, which is a lower standard than the "beyond a reasonable doubt" standard in criminal cases.

Verdict:

• Deliberation: After closing arguments, the jury deliberates to reach a verdict. Jurors must consider the evidence presented and any instructions from the judge.

• Verdict: The jury returns with a verdict of guilty or not guilty in criminal cases. In civil cases, the verdict may be for the plaintiff (liable) or the defendant (not liable), or it may be a specific award of damages.

If you have questions or require legal assistance related to a criminal or civil case, please feel free to contact us for a confidential consultation. Our experienced legal team is here to provide you with the guidance and support you need throughout the legal process.