In a sense, a criminal trial is simple: a determination of guilt or innocence. But the process by which a judge or jury reaches that determination is very complex. Defendants have a host of rights to be protected, and judges have to ensure that the parties follow procedure.
Criminal Trial Procedures: An Overview
Step-by-step guide to criminal trials, from pretrial motions and jury selection to opening statements, cross-examination, post-trial motions, and sentencing.
The Bill of Rights provides certain rights to criminal defendants throughout the criminal process, from arrest to appeal.
After a criminal trial ends in a conviction, the defendant can file a motion for a new trial.
Anyone accused of a criminal offense has the right to a public trial under the Sixth Amendment to the U.S. Constitution.
Competence to stand trial relates to the defendant's ability to understand the criminal proceedings, not the crime itself.
Acquittals by Judges in Jury Trials
If a prosecutor's evidence is insufficient to prove a defendant's guilt, the defense can ask the judge to grant a motion for acquittal and dismiss the case.
A joint trial of codefendants (also known as “joinder”) occurs when a judge merges the cases of two or more defendants.
What's the Difference Between an Acquittal and a "Not Guilty" Verdict?
A verdict of not guilty constitutes an acquittal. In other words, to find a defendant not guilty is to acquit.
Differences Between a Civil Judgment and a Criminal Conviction
A civil case and a criminal case can be based on the same facts but have different outcomes. The famous O.J. Simpson case helps explain why.
Can a Judge Who Once Prosecuted the Defendant's Case Preside Over It?
The U.S. Supreme Court announced a new rule on judicial bias in 2016.
Do All Countries Have Trial by Jury?
In some ways, trial by jury may be the most fundamental feature of the American criminal justice system. But even in the U.S., the right to a jury is limited. According to the U.S.
The Sixth Amendment to the U.S. Constitution and the constitutions of the individual states guarantee the right to a speedy trial.
Continuances in Criminal Cases
A continuance is a grant of additional preparation time before or during a trial.