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Toggle navigation Menu. The Steps of a Criminal 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. Choosing a Trial Jury The first step then of a criminal trial is to select the jury. During jury selection, the judge, the prosecutor representing the government , and the defendant through his or her respective criminal defense attorney will screen potential jurors from a pool of jurors.
During the jury selection process, the judge, prosecution, and defense team will ask potential jurors about any ideological predispositions or life experiences that may interfere with being able to remain unbiased during the case hearing.
After questioning a jury is selected. While jury duty might be a burden and might feel like a waste of time, for a defendant, the selection of a fair juror can mean the difference between a life sentence or freedom. Fair Jurors for a Trial 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 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. These rules allow for a fair jury to be selected by all parties that are involved in the case. The goal of the juror selection process is to put together a jury that will only take into account the evidence presented during the trial so that, during juror deliberation, a fair decision will be made.
Trial Jury Pool Representative of the Community To pick a fair jury, attorneys will need to have options for jurors. The state presents its case first. It can call witnesses and offer other evidence in order to meet its burden of proof. See Carlisle v. United States , U. Since prosecutors have the burden of proving guilt, a defendant does not have to prove innocence. A defendant does, however, have the burden of proof for certain affirmative defenses, such as self-defense, entrapment, or insanity.
Each side may make closing arguments once it has finished presenting evidence. The judge issues instructions to the jury, known as the jury charge, including questions related to the elements of the charged offense.
Both the state and the defendant can submit proposed jury charges to the court. Jury instructions are commonly drawn from federal or state pattern jury instructions. Jury instructions are especially important on appeal, when errors may result in an overturned conviction. The jury retires to deliberate over the evidence.
In some cases, jurors are sequestered during the deliberation period, but usually they are simply instructed not to discuss the case with anyone. If the jurors cannot reach a unanimous verdict, the judge may declare a mistrial. If the jury enters a guilty verdict, the defendant can bring post-trial motions, such as a motion for judgment of acquittal or a motion for new trial.
Last reviewed October Criminal Law Contents. Stages of a Criminal Trial The trial is perhaps the best-known part of the criminal process , but it is only one of many stages of a criminal case.
Voir Dire Defendants have the right to a trial by jury in many criminal cases, including all trials in the federal criminal system. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Ellen Kreitzberg, a Santa Clara University law professor who has been attending the trial, said she thought the government had made a strong case.
None of the witnesses seemed to harbor anger or a grudge against her. And so because of that, they were very powerful witnesses. Other witnesses called by the government included two former Theranos lab directors who repeatedly warned Holmes that the blood-testing technology was wildly unreliable.
Prosecutors also questioned two part-time lab directors, including Balwani's dermatologist, who spent only a few hours scrutinizing Theranos' blood-testing technology during late and most of Holmes' lawyers noted that part-time lab directors were allowed under government regulations.
Other key witnesses included former employees of Pfizer, former Safeway CEO Steve Burd and a litany of Theranos investors, including a representative for the family investment firm of former education secretary Betsy DeVos. Major US snowstorm, Djokovic visa revoked, child tax credit: 5 things to know Friday. Ethiopia objects to alleged "misconduct" of WHO chief Tedros. Full screen. The fallen Silicon Valley star, accused of bamboozling investors and patients into believing that her startup Theranos had developed a blood-testing device that would reshape health care, took the witness stand Friday in her trial for criminal fraud.
Meyer, AP. The U. Nhat V. Load Error. Theranos' Elizabeth Holmes takes the stand for third day of testimony. CNBC See more videos. Click to expand.
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