Cecily Zamora
In a criminal trial, the government is responsible for presenting the case against the defendant. The government is represented by a prosecutor, who works with law enforcement to prepare the case. The prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime. The defendant, represented by an attorney, also tells their side of the story using witnesses and evidence. The judge presides over the trial, ensuring a fair process and determining what evidence can be shown to the jury.
| Characteristics | Values |
|---|---|
| Who can present the case | The government, through the U.S. Attorney's office, in coordination with a law enforcement agency |
| Who represents the government | The prosecutor |
| Who represents the defendant | A defense attorney or the defendant themselves |
| Who decides what evidence can be shown to the jury | The judge |
| Who decides the outcome of an objection | The judge, sometimes after allowing attorneys on both sides to comment |
| Who decides the sentence | The judge |
| Who decides the verdict | The jury |
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What You'll Learn
The prosecutor presents the case to the court
In a criminal case, the prosecutor is the government's lawyer. The prosecutor's job is to present the case to the court and convince the jury of the defendant's guilt. The prosecutor does not have to prove the defendant's guilt beyond all doubt, but the evidence must be strong enough that there is no reasonable doubt that the defendant committed the crime.
A criminal case begins with a police investigation of a complaint of criminal activity. The police prepare an arrest report if the accused is arrested or a case report if they are not. This report is then presented to the prosecuting attorney, who decides whether to file criminal charges. If the prosecuting attorney decides there is enough evidence, they will prepare information outlining the charges and submit this information in a probable cause affidavit to a judge. The judge will then decide if there is probable cause to charge the individual.
If the judge decides there is probable cause, a warrant will be issued for the accused person's arrest, and the judge will set the bond amount. The defendant may be arrested and taken into custody, or they may be summoned to court. At an initial hearing, a copy of the charges is given to the defendant, and they may be read out in open court. The defendant has the right to have an attorney present, and if they cannot afford one, the court may appoint an attorney for them. At the arraignment hearing, the defendant may enter a plea of guilty or not guilty, or request more time.
During the trial, the prosecutor uses witnesses and evidence to try to prove the defendant's guilt. The prosecutor also cross-examines the witnesses to clarify any confusing testimony for the jury. Once the prosecutor rests, no more witnesses can be called or evidence introduced by the government. The defence then has the opportunity to present its case, although they are not required to do so. The defendant does not have to prove their innocence, and their decision not to testify cannot be considered proof of guilt.
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The defence attorney presents their case
The defence attorney will then present their witnesses and evidence to the jury, using these to tell their client's side of the story. The defence attorney may also cross-examine the witnesses, and make objections to the judge regarding questions or evidence presented by the prosecution.
The defence attorney does not have to present any evidence, and the defendant does not have to testify. The defendant is not required to prove their innocence, and the burden of proof is on the prosecution. The defence attorney may also waive their case, and the jury cannot assume that the defendant is guilty because of this.
After the prosecution rests, the defence attorney has the opportunity to present their witnesses and evidence. Following this, the defence attorney and prosecutor prepare for closing arguments. These are the final opportunity for the defence attorney to summarise the testimony and evidence and ask the jury to return a verdict of guilty or not guilty.
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The defendant does not have to present a case
In a criminal case, the defendant does not have to present a case. The defendant has no burden of proof and is not required to present evidence or witnesses, nor do they have to testify on their own behalf. The burden of proof is on the state, represented by the prosecutor, who is also allowed to rebut arguments or evidence presented by the defense.
In a criminal trial, the government must provide evidence to convince the jury of the defendant's guilt, and the defendant does not have to prove their innocence. The standard of proof in a criminal trial is that the defendant must be found guilty "beyond a reasonable doubt", meaning the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.
The defendant has the right to be present at all stages of the trial, except for non-evidentiary proceedings before the trial, such as administrative matters. A defendant can waive their right to be present during the trial by engaging in disruptive behaviour. In such cases, the judge may impose physical restraints, cite the defendant for contempt, or remove them from the courtroom until they promise to behave appropriately.
In the courtroom, the judge ensures that all parties get a fair trial. This includes ensuring proper procedures are followed, courtroom decorum is observed, and the legal process is respected. The judge also determines whether the evidence presented conforms to the rules of evidence and instructs the jury on the law and standards applicable to the dispute.
Criminal cases differ from civil cases in several ways. In a civil case, the parties do not have a right to counsel, and the burden on the prosecutor is much greater. Additionally, in civil cases, the plaintiff must inform the defendant about the complaint, and the lawsuit must be filed in the jurisdiction where the defendant resides or where the claim arose.
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The judge decides what evidence is shown to the jury
In a criminal case, the judge plays a crucial role in ensuring a fair trial for all parties involved. They are responsible for overseeing the courtroom proceedings, enforcing proper procedures, and resolving any issues that may arise. One of their key responsibilities is determining the admissibility of evidence presented during the trial.
During a criminal trial, the judge decides what evidence the jury will consider. This is a critical aspect of the judge's role, as it directly impacts the outcome of the case. The judge ensures that the evidence presented conforms to the applicable rules of evidence and is relevant to the case. For example, if evidence was collected in violation of an individual's rights, the judge may rule that it cannot be included as part of the prosecution's case.
Before the trial, the defence attorney may request the judge to suppress evidence obtained without a valid search warrant. The judge will review the request and make a ruling based on the applicable laws and the defendant's rights. This process helps ensure that the defendant receives a fair trial and that their rights are protected.
Additionally, the judge provides instructions to the jury on how to proceed and interpret the evidence presented. These instructions typically include guidelines on what the jury should and should not do during the trial. For instance, jurors are usually instructed not to conduct any outside research or visit the scene of the crime to maintain impartiality and avoid influencing their verdict.
The judge also plays a role in selecting the jury to ensure impartiality and prevent bias. Both the prosecution and defence can exercise peremptory strikes, allowing them to excuse potential jurors without providing a reason. However, the judge has the final say in removing potential jurors to ensure an unbiased jury represents the community's varied backgrounds and experiences.
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The jury decides on the defendant's guilt
In a criminal case, the jury typically decides the outcome of the trial. The jury must consider each of the charges against the defendant separately and may find the defendant guilty of all charges, not guilty of all charges, or guilty of some charges and not guilty of others.
The jury must base its verdict on the facts of the case and whether the prosecution has proven the defendant's guilt beyond a reasonable doubt. The defendant does not have to prove their innocence, but they can refute the evidence presented by the prosecution to counter the allegations. The jury may also consider witness testimony and must assess the credibility of witnesses. They can review the evidence and go over their notes during deliberations, and they may ask for additional instructions or clarification on specific points. However, it is up to the judge whether to provide further information.
The verdict in a criminal case must be unanimous, meaning all jurors must agree on a finding of guilty or not guilty. The judge can set aside a guilty verdict and overturn it in rare cases, such as when there is great cause implying jury misconduct. However, if the jury returns a not guilty verdict, the judge cannot overturn it and convict the defendant.
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Frequently asked questions
In a criminal trial, the prosecutor presents the case to the jury. The prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
The prosecutor is the government's lawyer. The prosecutor represents the United States in most court proceedings, including all criminal prosecutions.
A judge presides over the trial, ensuring all parties get a fair trial. The defendant is also represented by an attorney, who presents their side of the story using witnesses and evidence.
The judge is responsible for maintaining order in the court and overseeing all proceedings. They decide what evidence can be shown to the jury and instruct them on the law and standards applicable to the dispute.
