The first step of this process is jury selection. This step entails a selection of jurors from an already prepared list which is produced by a court or, in some cases, a jury commission. The selected jurors are then put in a jury pool where they are questioned by the defense and prosecution. The main aim behind this questioning is to eliminate jurors who appear biased; this elimination is not based on race or gender.
In the opening statement, each lawyer presents the main points of the defense or prosecution in a summarized form. At this point, the lawyer attempts to impress the jurors by stating their views concerning the case on display. Prosecutor’s “Case in Chief” is central to the case since this is where witnesses testify. Here, expert witnesses are also given a chance to give their views regarding their professionalism. During the case, the prosecutor is expected to have clues on the most probable cause of the criminal act. It is the defense’s work to closely examine the witnesses to establish whether there is enough evidence in the case presented. The defense has the power to dismiss the case if there is no evidence or the one presented is not enough. The defense Counsel’s “Case in Chief” has the same functions as the prosecutor; hence the same rules are applied for both.
The process of denying claims presented by the defense is called prosecution rebuttal. At this stage, the prosecutor and the defense attorneys are allowed to present their final arguments on behalf of their clients so that they can convince the jury that their clients’ story is true. They do this by using all the evidence, statements, and other testimonials in an attempt to make them see their point of view. At this stage, the defense attorney addresses the prosecutor after addressing the jury. Jury instructions are guidelines given by the judge to the jury. The instructions contain details such as law, charges, evidence, and conclusions that can be acceptable in the case. The process where jurors remain behind closed doors to determine whether the accused is innocent or guilty is called jury deliberations.
The ruling is the result of the consideration by the jury. The votes must be done unanimously except in cases where they are in a state that allows for a supermajority vote. It is also possible for the case to end in a deadlock or hung jury. With this, the case may be retried. Post-verdict motions refer to the process where the defense is allowed to present propositions. These propositions include judgment notwithstanding, a new trial based on the judges’ error in admitting evidence, or a motion in arrest of judgment.