Massachusetts Rules of Court and Standing Orders. Massachusetts Trial Court. District/Municipal Courts Supplemental Rules of Civil Procedure. FindLaw » Learn About The Law » Criminal Law » Criminal Procedure » Criminal Trial Overview. ![]() Criminal Trial Procedures: An Overview. The many legal procedures associated with modern criminal trials have developed over centuries. States and the federal government follow a largely uniform set of procedures. The defense often has the right to decide whether a case will be tried to a judge or jury, but in some jurisdictions both the prosecution and the defense have the right to demand a jury trial. If the trial will be held before a jury, the defense and prosecution select the jury through a question- and- answer process called . The defense and prosecution request that the court, in advance of trial, admit or exclude certain evidence. ![]() These requests are called motions . The prosecution and then the defense make opening statements to the judge or jury. These statements provide an outline of the case that each side expects to prove. Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver. In some cases, the defense attorney reserves opening statement until the beginning of the defense case. The lawyer may even choose not to give an opening statement, perhaps to emphasize to the jury that it's the prosecution's burden to do the convincing. Prosecution case- in- chief. ![]() The prosecution presents its main case through direct examination of prosecution witnesses. Cross- examination. The defense may cross- examine the prosecution witnesses. The prosecution finishes presenting its case. Motion to dismiss (optional). The defense may move to dismiss the charges if it thinks that the prosecution has failed to produce enough evidence—even if the jury believes the evidence—to support a guilty verdict. Almost always, the judge denies the defense motion to dismiss. Defense case- in- chief. The defense presents its main case through direct examination of defense witnesses. Cross- examination. The prosecutor cross- examines the defense witnesses. Defense rests. The defense finishes presenting its case. Prosecution rebuttal. Court procedure; Plea before venue and allocation. The trial process requires the prosecution to bring evidence to prove beyond reasonable doubt that a. Information and court procedure in the Supreme Court. This section of the Court’s website provides detailed information on key operations within the Court. The Difference between Trial Courts and Appellate Courts. Trial Court Appellate Court. Trials, Basic Trial Procedure & Common Crimes. Juvenile cases are heard by the family division of the circuit court. There are three types of juvenile cases. Courts & Legal Procedure. How Courts Work Home . Print; Feedback; A A. This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint. Part 40 Appeal to the Court of Appeal about. The trial court can make. The prosecutor offers evidence to refute the defense case. Settling on jury instructions. The prosecution and defense get together with the judge and determine a final set of instructions that the judge will give the jury. Prosecution closing argument. The prosecution makes its closing argument, summarizing the evidence as the prosecution sees it and explaining why the jury should render a guilty verdict. Defense closing argument. The defense's counterpart to the prosecutor's closing argument. The lawyer explains why the jury should render a . The prosecution has the last word, if it chooses to take it, and again argues that the jury has credible evidence that supports a finding of guilty. Jury instructions. The judge instructs the jury about what law to apply to the case and how to carry out its duties. The jury deliberates and tries to reach a verdict. Juries must typically be unanimous. If the jury produces a guilty verdict, the defense often makes post- trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. Also see Motions for New Trial.)Denial of post- trial motions. Almost always, the judge denies the defense post- trial motions. Sentencing. Assuming a conviction (a verdict of .
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