briefly, what are the steps in the course of a trial?

What are the 7 steps of a trial?

7 Stages To A Criminal TrialVoir Dire. Voir Dire is a fancy French word used to name jury selection. ... Opening Statement. After the jury is empaneled, the trial will begin with opening statements. ... State's Case in Chief. ... The Defense Case. ... State's Rebuttal. ... Closing Arguments. ... Verdict.

What are the 8 steps in a trial?

The 8 Steps of Criminal ProceedingsStep 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. ... Step 2: Charges. ... Step 3: Arraignment. ... Step 4: Pretrial Proceedings. ... Step 5: Trial. ... Step 6: Verdict. ... Step 7: Sentencing. ... Step 8: Appeal.

What are the 12 steps in a trial?

12 Steps Of A Trial Flashcards PreviewOpening statement made by the prosecutor or plaintiff. ... Opening statement made by the defendant. ... Direct examination by plaintiff or prosecutor. ... Cross examination by defense. ... Motions. ... Direct examination by defense. ... Cross examination by prosecutor or plaintiff.More items...

What are the five steps of a trial?

Trial ProcessStep 1: Selection of the Jury.Step 2: The Trial.Step 3: Juror Conduct During the Trial.Step 4: Jury Deliberations.Step 5: After the Verdict.

What are the 10 steps of a trial?

The 10 Stages Of A Criminal Trial In CaliforniaStage #1: Filing Motions With The Court.Stage #2: Jury Selection.Stage #3: Opening Statement.Stage #4:Prosecution Presents Its Case.Stage #5: Defense's Case.Stage #6: Prosecution Rebuttal (If Necessary)Stage #7: Closing Arguments.Stage #8: Jury Deliberation.More items...

What is the correct order of the basic steps of a criminal proceeding?

Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items...

How many steps are there in a trial?

There are six primary steps in a criminal jury trial: jury selection, opening statements, presentment of the state or prosecutor's case, presentment of the defendant's case, closing arguments, and jury deliberations.

What is the third step in the trial process?

Terms in this set (12)The first step in the trial process. ... 2nd step:step after the opening of the court but before the opening statement of the defendents attorney. ... 3rd step:step after the opening statement by the prosecutor but before the direct examination of the prosecutor's witnesses.More items...

What is the structure of a trial?

The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).

What are the stages of a criminal trial quizlet?

Criminal Trial ProcessPretrial motions.Opening arguments.State's case.Defense case.Summation.Instructions.Jury deliberations.Verdict.

What is trial initiation?

Trial Initiation The U.S. Constitution contains a speedy trial provision in its Sixth Amendment. This guarantees that all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. Most state legislation sets a limit of 90 or 120 days as a reasonable period of time for a trial to commence.

What is the purpose of a trial?

The chief purpose of a trial is to secure fair and impartial administration of justice between the parties to the action. A trial seeks to ascertain the truth of the matters in issue between the parties and to apply the law to those matters.

What is the trial phase?

Trial Phase: Witnesses and Exhibits. During this phase of the trial, witnesses are called to the stand and then cross-examined by opposing counsel. Attorneys for both sides will also attempt to introduce any evidence they might have for the jury to examine.

What is the purpose of opening statements in a trial?

Opening Statements. During opening statements, attorneys for both sides address the jury and state what they expect to show during the course of the trial. These statements set the stage for the actual trial that is to follow.

What happens after the jury hears the closing arguments?

This is where attorneys for both sides wrap up the evidence that was presented and make a final appeal to the jurors in order to sway their vote. Closing arguments are not testimony and are not considered as evidence.

What happens after the bailiff is accompanies the jury?

They must reach a verdict unanimously . After doing so, the jury will reconvene inside the courtroom and read the verdict to the defendant.

Why is jury selection important in Texas?

This ensures a fair trial because it eliminates those who have a potential conflict of interest.

What is the beginning of a civil trial?

A civil trial begins with the pleadings.

How does a jury trial start?

A jury trial begins with the parties selecting a jury through the voir dire process. Once the jury is selected, the trial commences.

How does a civil suit start?

A civil suit is initiated through the filling of pleadings, after the pleadings has been filled then the matter will go for pre-trial. The pre-trial process basically deals with how the matter will proceed and it is also at this stage that the court examines if the matter can be considered frivolous or it has merit to proceed to full trial. After the pre-trial, the matter will proceed to full trial. In the matter is a jury trial then it will begin by selecting the members, once the jury is selected then the trial can commence. Both parties will be given an opportunity to make their opening statements. The plaintiff will then commence the suit by making their submissions after the close of the plaintiffs case then the defendant will present their case. The plaintiff can rebut the issues and facts raised by the defendant, the defendant can also rebut to the issues raised by the plaintiff in the rebuttal. Both parties will make their closing statement after which the judge or the jury will deliver the judgment.

What is the most important step in determining innocence?

The obvious answer to this question is the jury deliberation stage. Others might argue, however, that the most important step for determining guilty or innocence is the pleading stage. This is where the plaintiff may go first through opening statement and then proceed with the case and tendered evidence in support of their suit. The defendant may petition the court for a directed verdict if the plaintiff has failed to prove their case. If the court denies this motion, the defendant will have to present his or her evidence in rebutting the case of the plaintiff. Once surrebuttal is completed the defendant may again petition the court for summary judgment based on the evidence that has been produced before the court. Many businesses depend upon winning a directed verdict or summary judgment motion. Juries tend to favor individual plaintiffs; thus, a business is at a steep disadvantage if the case goes to jury deliberation. As such, for businesses, the early stages of trial are often the most important.

What is the term for the opportunity to rebut a plaintiff's rebuttal?

At the conclusion of the plaintiffs rebuttal, the defendant is allowed to the opportunity to rebut the plaintiffs rebuttal. This is known as the surrebuttal.

Who goes first in a case?

The plaintiff goes first and the defendant is given the opportunity to follow.

Who is the remainder of a case?

The remainder of the case belongs to the judge and jury.

What is a fair trial?

A fair trial allows for the government and the defendant to argue their sides of the case. And a fair trial starts with the selection of a fair jury.

How does jury selection work?

Once a jury pool is formed the potential jurors are summoned to the courthouse on a particular day and time. The jury pool will wait in a room until they are called to a courtroom. Once in the courtroom, the jury selection process begins with questioning. This process of questioning potential to determine any potential biases is called “voir dire.”

What is the system of jury selection?

The criminal court system has a system in place that allows for certain rights of a defendant during the juror selection process. This means that a defendant (through his or her attorney) is able to dismiss unfair potential jurors from the jury. The same rights are given to the judge and prosecution team.

Why do jurors have to be challenged?

A challenge for cause is when a request to dismiss a potential juror is based on a specific and stated reason. Typically this reason is because it’s been identified by the prosecution or defense that the potential juror has a potential or actual bias. Examples of reasons to challenge for cause include the following:

Why is a jury important?

The role of a juror is an important one. They alone can decide the future of the defendant on trial. A juror must hear the evidence presented during the trial, deliberate, and decide if the defendant is guilty or not guilty of the charged crimes. Because of this, an unbiased jury must be assembled. The criminal court system has a system in place ...

Why are alternate jurors selected?

Once a jury is selected, alternate jurors are selected in case a regular juror needs to be replaced because of inability to perform jury duty. Alternate jurors are questioned and selected in the same manner as the regular jurors.

How to pick a fair jury?

To pick a fair jury, attorneys will need to have options for jurors. The jury pool (also known as a venire) is the collection of potential jurors assembled from the community. This jury pool is usually chosen via voter-registration lists. Once a person has registered to vote, they are also entered into a list that they can be “summoned” from for jury duty. This jury pool is composed of a cross-section of the community that cannot intentionally exclude groups and cannot be based on race, gender, or religion. Examples of distinct community groups include:

What is the step 11 of the criminal justice system?

Step 11. Judge reviews all laws w/ jury and what they can convict defendant of, possible punishments

What are the key concepts in the opening statement?

Step 1. Explains the evidence and what is intended to be proven. Opening statement by defense. Step 2. Explains flaws in prosecution case, lays out contradicting evidence, alternate theory of crime.

What is step 7?

step 7: motions to dismiss or ask for a directed verdict

What does "jury privately discusses case" mean?

jury privately discusses case; foreperson elected among them; unanimous verdict or judge declares mistrial, dismisses the jurors, begin new trial w/ new jurors if prosecution desires

Who gets the final say in a burden of proof case?

burden of proof w/ the plaintiff, so they get the final say