A trial is a legal process wherein a judge hears evidence and determines whether someone is guilty or not. Trials can be civil or criminal. The prosecution bears the burden of proving beyond a reasonable doubt that the accused person committed the crime. In order to do so, they must present all of the evidence that is available. The defense may challenge the evidence by calling witnesses to testify and introducing exhibits. They can also cross-examine witnesses and expose inconsistencies or weaknesses in their testimony, which is called direct examination. The prosecution can then offer rebuttal evidence and attorneys for both sides deliver closing arguments.
Exposing Weaknesses in the Prosecution’s Case
By presenting a well-crafted defense strategy, you can increase your chances of being found not guilty. For example, if the prosecutor cannot establish guilt through direct evidence such as eyewitness testimony or physical objects, they might have to rely on circumstantial evidence (evidence that supports a conclusion of guilt when combined with reasonable inferences). A well-crafted defense can highlight the weakness of this type of evidence, as it can be challenged for lack of credibility or illegality (such as confessions obtained under duress or in violation of your constitutional rights).
After closing arguments, the jury retires into a private jury room to deliberate. The judge then gives them instructions on how to weigh the evidence and decide the verdict. If the jurors are unanimous in their decision, they declare a guilty or not guilty verdict and it is read in open court. If they are not unanimous, the jury retreads the evidence, reconsiders its conclusions and the judge provides additional instructions to help them reach a consensus.