Sequence Of Events In A Typical Trial Process

1.) List the sequence of events in a typical trial.

Typically, before trial occurs the pretrial process takes place. During the pretrial process a defendant is arrested on probable cause and makes their first appearance in court. Following the first appearance an arraignment is set within thirty-three days. Pre-trial motions are brought before a judge in order to discuss what evidence and information should be used at trial. Before going to trial defendants or prosecutors have the opportunity to make plea bargains in an effort to overt going to trial. Once all pretrial duties are done, then the trial process occurs. The first step in going to trial is “voir dire”, selecting individuals for a jury through questioning. Both the prosecutor and defense attorneys are given a certain number of strikes during the jury selection. Once a jury is completely selected the actual trial process beings with opening statements begins. Any evidence that wants to be used during the trial is present by the plaintiff “case-in-chief”. Witnesses are questioned and cross examined once questioning is done closing arguments are made trying to persuade the jury to

favor their side. The jury is then instructed on the law once informed of the jury then proceeds to the deliberation room to review the information presented during the trial in order to reach a verdict. The verdict is then read to the judge and the defendant and the judge makes the final decision.
2.) How much proof is necessary for a criminal trial? How is this different from the amount of proof necessary in a civil trial?
Our legal system is created from two different types of cases civil and criminal.

In order to have a criminal trial there has to be proof beyond a reasonable doubt. In civil cases proof is needed but at a lower standard “preponderance of evidence”. Typically a judge decides civil cases, but for some instances a jury is allowed, as for criminal cases there is almost always a trial by jury. Because criminal trials can result in jail time it is important to make sure that the situation is proved beyond a reasonable doubt. Civil trials can result in a defendant receiving monetary damages. With criminal cases defendants are entitled to have an attorney and if that individual cannot afford an attorney one is given to them. Civil cases do not require an attorney unless the defendant would like to pay for one or represent their

self.

3.) What is the difference between a jury trial and a bench trial?
During a jury trial the jury is simply individual on the jury making a decision on whether or not a defendant is guilty or not guilty. With a jury trial the jury is selected during the process of “voir dire”, once selected the process of the trial takes place. Once all information is expressed to the jury the jury then proceeds to the deliberation room to agree upon a sentencing. A bench trial is a trial that is decided by a judge and a judge only. In this type of trial there is no process of picking a jury, because a jury is not needed. The Judge is the finder of facts and the official decision maker.