Unit 4: Selection and Crime Scene Process

Summary of Trial Procedure in Superior Court

In the trial of a case before a petit jury, the procedure is relatively simple. First, the charge against the defendant is read to the jury. Then the government presents its case. The prosecutor opens the government’s case by telling the jury what the case is about and what the government intends to prove. This is known as the prosecution’s “opening statement.” The defense may make an opening statement at this time, or wait until after the government rests. Next, the witnesses for the government are called, sworn, and directly examined by the prosecutor. If an officer is called to testify, he should prepare carefully, and testify as a fair and reasonable reporter of the evidence. After direct examination, defense counsel may cross-examine each witness, or may state that he has no questions to ask. After testimony by the governments witnesses, the prosecutor will announce that the government rests.

After the government rests, defense counsel may make certain motions, such as one for a directed verdict of acquittal. If these motions are denied, the defense must proceed with the case. In this event, counsel for the defendant makes his opening statement if he had not done so earlier, outlining to the jury the defendant’s version of the facts in the case. The defense attorney then calls any witnesses for the defense. The witnesses may be cross-examined by the prosecutor after their direct examination. The defendant is not required to testify unless he wants to, but if he does take the stand, he will then be subject to cross-examination by the prosecution. By taking the stand the defendant waives his privilege against self-incrimination. At the conclusion of the testimony of defense witnesses, counsel for the defendant announces that the defense rests.

After the defense rests in a civil case, several motions might be made by counsel for either side but in a criminal case there can be no directed verdict of guilty. Thus in criminal cases, the defense then makes his closing argument, reviewing the facts, and urging the acquittal of the defendant. Then the prosecutor makes the final argument, urging a conviction.

The judge then submits the case to the jury by instructing the jury concerning the law applicable to that particular case. This is known as the Court’s “charge.” The judge is not permitted to inject a personal opinion of what the verdict should be or to attempt to influence the jury in any manner. Upon the completion of the charge, the jury retires to a private room where it deliberates. It then returns to announce its verdict through the foreperson in open court. In a criminal case, this verdict must be the unanimous decision of twelve jurors.

If the defendant is found guilty, the court sets a date for a sentencing hearing. There may be occasions when an officer may be called to testify at this hearing. Sometimes there may be evidence demonstrating the purposefulness of a defendant’s actions that is inadmissible at trial, but relevant to the question of what the appropriate sentence should be. If an officer is notified to appear at a sentencing hearing, he should review with the prosecutor the substance of his testimony.