The Basics of Trial

Trial is a legal procedure where two or more parties to a dispute present their arguments and evidence to an impartial third party who makes a decision. The process may be conducted by a judge alone or by a judge and jury. The trial process follows a rigorous system that seeks to protect the rights of citizens by resolving disputes fairly.

The trial process begins with a judge and lawyers questioning prospective jurors during the voir dire process. Once the jury is selected, opening statements are made and the prosecution and defense present their initial case to the jury.

After opening statements, witnesses testify. Witnesses are asked to answer questions under oath or affirmation and must provide truthful testimony. If a witness makes false claims, they can be charged with perjury which is a crime. Physical objects and documents can also be used as evidence to prove or disprove issues in a case. Expert witness testimony is sometimes useful to help the jury or judge understand specialized details of a case.

Both sides get an opportunity to present closing arguments to the jury (if there is a jury). The prosecutor argues that they have proven every element of the criminal charge beyond a reasonable doubt, and the defendant explains why the prosecution’s proof is unsatisfactory. Then the judge reads instructions to the jury, which include all the considerations that must be made when deciding the verdict. The jury then retires to a private room and discusses the case, ultimately reaching a verdict of guilty or not guilty.