| Criminal Trials |
 Though defendants have a constitutional right to a speedy trial which often requires that cases be tried within 180 days, it is not uncommon for cases to take up to a year or more to go to trial. There are two types of trials: Bench trials and jury trials. Under the U.S. Constitution, those accused of all but very minor offenses have a right to a trial by jury, but an accused may waive her right to a jury trial and have a judge decide her fate. Unlike the larger grand juries who issue indictments, a “petit jury” is usually composed of twelve citizens who must unanimously agree that a defendant is guilty beyond a reasonable doubt in order to convict.Jury trials begin with a selection of jurors in a process known as "voir dire." In this phase of the trial, jurors are asked several questions designed to determine whether they have any bias which would interfere with their decision making. Depending upon the prominence of a given case, the process of jury selection could take anywhere from one to two hours to several days. During this process, each side is given a certain number of peremptory challenges, enabling them to strike prospective jurors for any reason or for no particular reason at all. If a party persuades the trial judge that certain jurors are incapable of presiding over the case in a fair and impartial manner, the court may strike an unlimited number of prospective jurors for cause. After jurors are selected and sworn to decide the case impartially, they are ordinarily instructed that they may not discuss the case with anyone, including their fellow jurors, until all of the evidence has been introduced and it is time to deliberate upon a verdict. They are also instructed not to conduct their own investigation into the facts or to attend to media accounts of the case. In extremely rare cases, such as that involving O.J. Simpson, jurors may even be sequestered from the rest of the world and lodged in hotel rooms to ensure that they are not subject to outside influences. Once jurors are seated, they are typically greeted with the "coming attractions" for the trial in the form of opening statements which highlight the evidence to be produced. Thereafter, the prosecution and defense will produce this evidence by calling witnesses and introducing documents relevant to the charges. Because the prosecutor has the burden of proof in all criminal cases, the prosecution produces evidence first by calling witnesses on direct examination who are then subject to cross examination by the defense. After the government rests its case, the defense may then call its witnesses and introduce relevant documents to refute the prosecution’s case. Finally, the prosecutor may call additional witnesses to rebut the defendant’s case in what is called a “rebuttal case.” Because the accused has a Fifth Amendment privilege against self-incrimination, he may not be forced to take the stand and the prosecutor is forbidden from using the defendant’s silence against him. If the defendant decides to avoid taking the witness stand, the judge will instruct jurors that they may not hold this against the accused. In practice, however, many defense attorneys are understandably concerned that a defendant who refuses to take the stand could appear to be guilty. Of course, a defendant subjected to hard-hitting cross-examination from a prosecutor who might use an accused’s prior criminal record to further attack his credibility may be even worse off. For this reason, the Hobson’s Choice of whether or not to take the stand is often the most pivotal strategic decision a defense attorney and the accused may make. After all of the evidence is in, the attorneys may once again address the jurors in closing arguments. If done effectively, the closing arguments will permit lawyers to marshal all of the facts introduced into evidence to persuade the jury to convict or to acquit the accused. Because the prosecutor has the ultimate burden of persuading jurors, the prosecutor argues first and also gets the last word by rebutting defense counsel’s arguments. Ultimately, the judge will instruct jurors on the legal rules governing the case, the jury will deliberate over the facts, and render its decision in the form of a verdict. In their deliberations, jurors must decide whether the prosecution has proven guilt beyond a reasonable doubt. Unlike civil suits, where a defendant may be held liable for damages if jurors believe that his fault is “more probable than not,” the higher stakes of a criminal case demand a higher burden of proof. Though a defendant may be indicted by a certain majority of grand jurors who find “probable cause” to believe that the accused may have committed a crime, petit jurors may only convict a person of a crime when they are convinced of his guilt “to a moral certainty.” If jurors are unable to reach a unanimous verdict, the judge may declare a mistrial based on a “hung jury” and the case may be tried again. However, if the accused is acquitted of the charge, he cannot be charged or tried again for the same case. Under the Double Jeopardy Clause embodied in the Fifth Amendment to the U.S. Constitution, individuals may not be tried twice for the same crime by the same sovereign, federal or state, although each may bring charges for the same offense. The clause protects an accused from facing a second prosecution for the same offense after acquittal, a second prosecution for the same offense after conviction, or multiple punishments for the same offense. |
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