A trial is a formal legal proceeding in which evidence is presented and witnesses are called. A judge, jury, or other adjudicator decides guilt or innocence in a criminal case and resolves disputes over civil claims (non-criminal lawsuits). Trials follow established legal procedures and rules of evidence.
A prosecutor must prove each of the charges against a defendant beyond a reasonable doubt. The defendant must also present his side of the story. During the trial, both sides present their evidence in order of importance. Evidence can be anything from a photograph or video to a tangible object to a witness testimony under oath. Most evidence is presented by witness testimony. Each witness is called to take the stand by the plaintiff and by the defendant. During the witness’s testimony, the plaintiff may conduct “direct examination” in which she asks questions. The defendant can then do a “cross-examination” in which he challenges the witness’s testimony. Afterwards, the plaintiff can do a “redirect examination,” in which she refocuses the witness’s testimony.
At the end of the trial, both parties can make a closing argument. During this time, the judge will give the jury instructions on how to determine a verdict. The jury will then go in private to discuss the case and vote guilty or not guilty. If the jurors cannot agree, a mistrial can occur.
There are many detailed books that cover trial strategy, court procedure, examining and cross-examining witnesses at trial, and introducing and objecting to evidence at trial. Those books are well beyond the scope of this article. If you are interested in learning more about trials, please visit your local law library and ask the librarian for assistance finding simplified guidebooks and instructional videos.
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