What Are The 12 Steps Of A Criminal Trial?

What are the 5 steps of a criminal case?

Important steps in the federal criminal process:Investigation.Charging.Initial Hearing/Arraignment.Discovery.Plea Bargaining.Preliminary Hearing.Pre-Trial Motions.Trial.More items….

Can a judge order a new trial?

Defendants typically make motions for new trials after guilty verdicts. In some jurisdictions, the trial judge can order a new trial without a defendant asking. … But in some instances the prosecution can appeal a trial judge’s grant of a new trial, and it can usually appeal a new trial order by an appellate court.

What is the order of a trial?

Opening Statements. Witness Testimony and Cross-Examination. Closing Arguments. Jury Instruction.

What happens if the accused is found not guilty?

If the jury’s verdict is ‘not guilty’, the accused is said to have been acquitted and is usually free to leave the court. If the accused was not previously being held on remand, then if they are found ‘not guilty’, they are free to leave. …

Who decides if a case goes to trial?

The Judicial Process The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial.

What are the two types of criminal trials?

In the United States, the criminal courts belong to two separate systems — the state and federal. The state courts try defendants charged with state crimes and the federal sys- tem deals with those charged with federal crimes.

How does a trial start?

Opening Statements – The defendant has the right to a trial in which either a jury or the judge determines guilt. When the court is ready for the trial to begin, each side can make an opening statement. … Witnesses in all trials take an oath or an affirmation that what they say in court is true.

What happens on the first day of a trial?

On the first day of trial the prosecutor and I will meet with the judge in her chambers. We usually discuss logistics of the trial, like how many witnesses each side will call and when those witnesses are expected to testify. The judge will often make a final attempt to resolve the case through a plea bargain.

What is considered a criminal proceeding?

Criminal proceeding is a proceeding in court in the prosecution of a person charged or to be charged with the commission of a crime, contemplating the conviction and punishment of the person charged or to be charged.

What are the 14 phases of the trial process?

Terms in this set (14)step 1: pre-trial proceedings. … step 2: jury is selected. … step 3: opening statement by plaintiff or prosecution. … step 4: opening statement by defense. … step 5: direct examination by plaintiff/ prosecution. … step 6: cross examination by defense. … step 7: motions to dismiss or ask for a directed verdict.More items…

What are the stages in criminal cases?

The procedure includes the manner for collection of evidence, examination of witnesses, interrogation of accused, arrests, safeguards and procedure to be adopted by Police and Courts, bail, the process of criminal trial, a method of conviction, and the rights of the accused of a fair trial by principles of natural …

What are the 8 stages of criminal trial?

The 8 Steps of Criminal ProceedingsStep 1: Arrest. An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. … Step 2: Charges. … Step 3: Arraignment. … Step 4: Pretrial Proceedings. … Step 5: Trial. … Step 6: Verdict. … Step 7: Sentencing. … Step 8: Appeal.

What are the 7 steps of a trial?

Criminal Trial PhasesChoosing a Jury.Opening Statements.Witness Testimony and Cross-Examination.Closing Arguments.Jury Instruction.Jury Deliberation and Announcement of Verdict.