On the morning of a criminal trial begins the parties and their lawyer typically will meet beforehand in order to resolve any last-minute and lingering motions in limine or other outstanding issues needing to be decided before beginning. The public presentation begins with the voir dire and jury selection. This is important to ensure as much as possible a trial before a fair and impartial jury. Once a jury is seated and given any opening instructions from the court, the attorneys will present opening statements, beginning with the prosecution and followed by the defense (if they choose). Opening statements lay out the generalizations and characterizations of the evidence that the lawyers intend for the jury to hear and to focus on. At that point, the state has the burden of putting on its case and presenting proof beyond a reasonable doubt of each of the elements of the alleged offenses. This includes the state’s witnesses testifying and being available for cross-examination by the defense counsel. The state would then have the opportunity to reexamine them or redirect their testimony, and the defense counsel typically gets another chance to clarify any outstanding issues.
At the end of the state’s case-in-chief, there is typically a motion for directed verdict, which is made by the defense on the record stating that the government has not proved their case and that the evidence is insufficient. After that, the defense has the option of putting on a case. The defense is not required to do so. That decision and the extent of the case presented is dictated by the circumstances of the case and the government’s presentation. Sometimes the defense can essentially make their case through the cross-examination of the state’s witnesses, which would mean that the defense’s case would not be lengthy at all. Other times, it is the defense that has witnesses and experts to call to the stand. In some instances, the defendant will testify, although they’re not required to and have a right to remain silent at trial, and to not have that silence used against them by the prosecutor in arguing the defendant’s guilt.
The state would then have the chance to put on a rebuttal case to bring in new evidence to counter any new evidence presented by the defendant. Eventually, each party would rest and there would be closing arguments, which are summations of the evidence presented and arguments for why the defendant is either guilty or not guilty. The judge will then give final instructions to the jury and then excuse them to the jury deliberation room to deliberate, which can take an unknown amount of time. Once the jury comes to a unanimous verdict, that verdict is read aloud in the courtroom. Once the verdict is in, there could be post-trial motions, which would essentially conclude the trial phase of proceedings. After that, there would be sentencing and possibly appeals.
Are There Ever Situations Where Police Officers Or Other Witnesses Don’t Show Up at Trial?
Absolutely. Police officers may fail to show up at trial if they are no longer on the police force, have been disciplined, or have moved away or have joined the military. Police are just like everyone else with busy lives and conflicts in their schedule.
Is The Penalty Resulting From a Conviction Typically Harsher Than The One Offered In The Plea?
Typically yes, but not always. There is usually some offer of leniency provided in the plea offer that’s going to give the defendant a better outcome than if they were to be found guilty at trial. However, I would not say that I have seen people in Utah punished more severely as a result of having taken cases to trial; the punishment would just be a result of having committed the offense to begin with.
Can Counseling Or Treatment Affect The Outcome Of a Trial?
No, counseling or treatment does not usually affect the outcome of a trial. The question at trial is usually an issue of fact and whether or not an action or course of events is prescribed by a certain law. So, the fact that someone has tried to mitigate their substance abuse or other problems after incident in question does not usually have any relevance to or bearing on the question of guilt or innocence.
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