ABA Family Legal Guide

Criminal Justice

Court Procedures

Trial

What happens at trial?

First, the jury is selected (unless the defendant elects and the prosecution agrees to have a trial by judge, commonly referred to as a bench trial). Once the jury has been impaneled (seated for the duration of the trial), the proceedings begin. Defendants have a constitutional right to a public trial.

Opening statements then follow. The prosecutor addresses the jury first, explaining the nature of the case and what he or she intends to prove happened. Then the defense lawyer may offer an opening statement, or may reserve the opening statement until after the prosecution has finished its case.

Next, the prosecution puts on its case in chief, which usually involves direct testimony by witnesses and the introduction of any physical evidence against the defendant, such as a gun or other implements of the alleged crime. Defense lawyers may cross-examine the prosecution witnesses by asking questions designed to raise doubt about the government's case. After all prosecution witnesses have testified, the process repeats itself in reverse: the defense puts on any witnesses it may have, and the prosecution cross-examines them.

Because the prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt, the defense is not required to offer any witnesses, nor are defendants required to testify unless they so choose upon the advice of their lawyers.

When the defense has rested, the prosecutor will give a closing argument, summing up the evidence presented against the defendant. The defense lawyers then will make their own closing argument. The prosecutor has one last chance for a rebuttal argument, addressing the points made by the defense in closing. Note that the order of the closing arguments may vary in some states. When the closing arguments have concluded, the judge instructs the jury on the law to apply in deciding the case.