When you think of a trial, you might picture a dramatic courtroom scene from a movie. However, in reality, most cases never even make it to trial. In fact, 90% of cases are resolved before trial through settlements or plea deals. But when a case does go to trial, it follows a structured legal process. Whether it’s a criminal civil trial, understanding the process can help you know what to expect.
What Is a Trial?
A trial is a legal proceeding where a plaintiff and defendant present the facts of a case to a jury. The jury will then determine whether the defendant is guilty or not guilty of the charges in question. Trials are typically broken down into four main types:
- Criminal trials: Criminal trials involve defendants accused of committing misdemeanors or felony offenses. The government is the prosecutor in such trials, and the burden of proof anchors on proving that the accused committed the said felony “beyond reasonable doubt.”
- Civil trials: These involve tort cases, usually disagreements between two parties like individuals, businesses, or organizations. With civil cases, the burden of proof is the “preponderance of evidence.” This means that the plaintiff’s claim must be more likely than not to be true.
- Juvenile trials: Citizens 17 years and below will face juvenile trials. These trials have more lenient penalties and focus more on rehabilitation rather than punishment. Between 1985 and 2020, U.S. juvenile courts have processed over 48 million delinquency cases.
- Traffic trials: Offenses like speeding, DUIs, and other traffic offenses may result in traffic trials. There are no juries in traffic trials, and a judge or commissioner will decide the accused’s fate. You and the ticketing officer will get an opportunity to explain what happened before the final verdict.
What Parties Are Involved in a Typical Trial?
Trials take place in federal or state courts. Involved parties usually vary from one trial to the next, but a typical one consists of:
- A judge or commissioner
- Prosecutor (criminal cases) or plaintiff (civil cases)
- Defendant
- Defense attorney
- Witnesses
- Jury
- Court Clerk
The court also has a bailiff who maintains order and ensures safety in the courtroom. It’s also worth noting that not all trials require a jury.
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The Trial Process
All trials follow pretty much the same judicial procedure, only differing in their burdens of proof and legal specificities. That said, the trial process involves the following steps:
Pre-Trial
The pre-trial consists of events leading to the actual trial. Both parties (the defendant and plaintiff) will have adequate time to prepare for the trial. The pre-trial step sets the stage for the case proceeding and will usually entail the following proceedings.
- Evidence gathering and confirmation: Here, the prosecution and defense gather evidence and present it in court. The court decides which pieces of evidence are admissible and which ones should be excluded.
- Decision on the trier of fact: Depending on your jurisdiction, the defense gets the legal mandate to choose whether a judge or jury will try them. In states where the defense and prosecution choose, the two parties must agree on either a judge or jury.
- Jury selection (voir dire): If the trial involves a jury, both the defense and prosecution will select the jury. This is done through a Q&A session known as voir dire. The judge and attorneys ask relevant questions, and the litigating parties choose based on their responses.
Trial
Once both parties agree on the jury selection, the trial can begin. The trial entails four phases, namely:
Opening Statements
The trial begins with the litigating parties making opening statements. These statements give the jury a summary of the case and an overview of their sides of the story, specifically what they have to prove.
Prosecution Case-in-Chief
The prosecution will present its argument to the trier of fact through:
- Direct examination: The prosecution directly asks their witnesses questions proving their argument.
- Cross-examination: The defense also asks the prosecution’s witnesses questions to uncover loopholes and inconsistencies.
- Prosecution rests: Once the prosecution finishes presenting their evidence, they “rest.”
- Motion to dismiss: The defense may dismiss the prosecution’s charges, citing a lack of evidence. The judge almost always denies this motion.
Defense Case-in-Chief
This is the defense’s turn to present their case. The proceedings are as follows:
- Direct examination: Like the prosecution, the defense examines their witnesses.
- Cross-examination: The prosecution probes the defense’s witnesses with hard-hitting questions, hoping to identify weaknesses in their statements.
- Defense rests: The defense rests its case.
- Prosecution rebuttal: The prosecuting team may offer additional evidence to refute the defense’s case in light of the new information they presented.
Jury Instructions and Closing Arguments
After the litigating parties present their case, they will liaise with the judge and issue instructions to the jury. Both parties then make their closing arguments. The prosecution will argue why the jury should give a guilty verdict based on the presented evidence.
Similarly, the defense maintains their innocence as per their argument. The prosecution then gives its last word before the final verdict.
The Verdict
The trial process culminates in a “guilty” or “not guilty” verdict. The judge will instruct the jury on what laws to apply and their exact duties. The jury will then discuss the litigating parties’ evidence and decide a verdict.
The jury’s decision must be unanimous, or the jury will be termed as hung jury and the case postponed or retired. If the jury renders a guilty verdict, the defendant will head to sentencing. If the verdict is not guilty, the trial ends.
Trial Proceedings Simplified
Trials in the United States are rarely complicated but could drag on for ages, depending on the complexity of your case. Your best bet for sailing through trial proceedings is hiring a skilled and reputable attorney to guide you through the entire process. They may also advise you to take a plea deal if the odds are against you.
Remember, your argument is only as good as your witnesses (expert witnesses and eyewitnesses), so take your time in picking the right ones to help your case.
