How does the process work from opening statements through the sentencing once jurors are selected and the trial begins?
What will be an ideal response?
The trial is a formal process, with specific rules of criminal law, procedure, and evidence that must be followed. After the jury has been selected, the attorneys may choose to make opening statements. The prosecutor's opening statement is meant to acquaint the judge and jury with the particular criminal charges, to outline the facts, and to describe how the government will prove the defendant is guilty beyond reasonable doubt. The defense attorney reviews the case and shows how they intend to prove the defendant is not guilty. The prosecutor then begins their case by presenting evidence to the court through witnesses. When the prosecution is done questioning a witness, the defense may cross-examine the witness. After the cross-examination, prosecutors can seek a second direct examination and defenses can seek a second cross-examination. Once the prosecution has provided all their evidence against the defendant, it rests. Then it is the turn of the defense. The defense may ask for a directed verdict, where the judge orders the jury to return a verdict of not guilty. The defense may present no witnesses or many witnesses. Because burden of proof is on the state, the defense may present no witnesses if they feel the prosecution hasn't proved its case. The defense must also decide whether the defendant will take the stand. Once the defense presents their case, closing arguments are used to review the facts and evidence in a manner favorable to their positions. The judge then instructs jury members on the principles of law that should guide their decision. If there is a hung jury, then the case must go to a second trial if the prosecution wants a conviction. If the verdict is not guilty, the defendant is released from the process. If the verdict is guilty, the defendant must receive a sentence. Typically, the trial judge will impose a sentence on the defendant.
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