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 The process of a criminal
trial starts when an individual is arrested, or charges
are filed for a warrant. Within 2 to 48 hours of initial
arrest, the defendant must have his informal arraignment.
During this time, the defendant is informed of the charges
against him. If the defendant has not already been "miranda-ized",
he will be informed of his rights. Even if this has
already taken place, he will be informed again of his
right to counsel. If the charge is not murder, bail will
be set. If the charge is for murder, bail may be set, at
the discretion of the judge. The defendant will then be
notified of when and where to appear next, then will be
allowed to leave if bail has been set, or he will be
remanded into custody.
The next step is the preliminary hearing, if the case is
on the state level. This takes place usually 7 to 10 days
after the informal arraignment. The defendant goes before
a district justice, whom determines if the case merits
going any farther. The prosecution must prove by a prima
facie case that the charges are valid. The prosecution
will call witnesses and show evidence. Typically the
defense will not.
If the case is to be
remanded to federal court, there is not a preliminary
hearing. Instead, the defendant goes before a grand
jury.
The grand jury is made up of 23 citizens. Grand jury
hearings are private. The public may not attend, nor may
reporters be present. In fact, the defendant’s lawyer
may not even be present. However, the defendant may leave
the courtroom to confer with his attorney when he feels
the need. Unlike actual trials, guilt may be inferred by
the defendant exercising his right not to testify.
Within the next 30 days,
the formal arraignment takes place. The filing of
Informations, which is a list of those charges accepted in
the preliminary trial, are recorded. The defendant may
then plead for each charge. Typically, defendants plead
not guilty, or stand mute.
After 30 more days pass,
the pre-trial conference is held. Both the defense and
prosecuting lawyers meet with the Judge. While pre-trial
motions should have already been filed, most lawyers wait
until now to file them. The judge typically allows this to
avoid the possibility of an appeal.
This leads to the guilt
phase, assuming the defendant decided not to plead “not
guilty” during the formal arraignment. Pleas may be
open, meaning they have no involvement from the
prosecution, or they may be negotiated. If the defense
negotiates a plea with the prosecution, the judge must
approve it as well. If the defendant pleads 'Guilty', he
is admitting to factual guilt. The defendant may also plea
'nolo contendre' which means no contest. This means the
defendant will accept any sentence handed down, but does
not admit factual guilt. It is no different than a guilty
plea for this hearing, but prevents a later trial from
using a guilty plea against him. Further, the defendant
may also plead conditionally, stating he will plead guilty
but wishes to keep certain appeal rights he would usually
lose. Finally, the last guilt type please is that of an
Alford plea. In an Alford plea the defendant is pleading
guilty, but asserting factual innocence. This happens when
a defendant says he is innocent, but will plead guilty to
a lesser charge to avoid the possibility of a death
sentence.
If the defendant had not
pleaded guilty, and instead stated he was not guilty, the
case would move onto the trial phase. First a jury must be
selected. The process of jury selection is known as the
Voir Dire. The group from who are eligible to be picked to
serve on the jury is known as the Venire. The jury may be
kept sequestered, meaning they are isolated from the media
while the trial takes place to keep them impartial.
At the next step, the judge
will give opening instructions to the jury. This step is
optional. However, it usually takes place, since most
jurors will not be experts on the law and will need
concepts explained.
Next, the opening
statements are heard. The point of the opening statements
are for the attorneys to form a relationship with the
jury, as well as establish credibility. The prosecution
goes first, followed by the defense.
The case-in-chief follows.
This is the evidentiary section of the trial. The
prosecution will call their witnesses, one at a time. For
each witness, the prosecution will perform a direct
examination. The attorney will attempt to establish the
facts of the case with these witnesses, as well as using
their testimony to being in physical evidence. During
direct examination, the witness may not be led. After the
prosecution is done with one of its witnesses, the defense
may cross-examine. He will attempt to challenge the
credibility of the witness. During a cross-examination,
leading the witness is allowed. At this point, the
prosecution may re-direct, to try to clear up any issues
with the witness the defense may have created. Of course,
then the defense may re-cross. This can go on endlessly
until both sides are done with a witness, and the next is
called.
After the prosecution
rests, the jury is excused. At this point, the lawyers
will argue over evidence with the judge, and usually the
defense will ask for a motion of demurrer. This is a
motion to have the case dismissed due to a lack of
evidence. If the judge accepts the motion, the defendant
is held as not guilty. If the judge does not accept the
motion, the Defense attorney may begin his case. He will
then call his witnesses, and directly examine them. The
rolls of the lawyers have reversed, with the defense
directly examining, and the prosecution in the roll of
cross-examining.
Once the defense rests, the
prosecution will then start its rebuttal. The purpose of
this is to comment on evidence used by the defense. For
example, if the defense calls a witness to establish an
alibi, during rebuttal the prosecution may have a witness
testify that the alibi is not true. The defense may then
have a surrebuttal, to further argue points. It can go on
back and forth infinitely until both sides are satisfied.
Once both sides have
finished, closing statements begin. On the state level,
the defense goes first, and then the prosecution gives its
closing statements. For federal courts, the prosecution
gives their statements, followed by the defense, and then
the prosecution may give another statement.
The judge will then give
closing instructions to the jury on how to proceed. The
jury will come back with a verdict once a unanimous 12 to
1 decision is reached. The judge will poll the jury, to
verify each juror has come to the same decision.
If the
verdict is not guilty, the defendant is free to go. If he
is found guilty, and he is sentenced to serve time, he
will be remanded into custody.
PROCESS
OF A CRIMINAL TRIAL
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