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This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
Whether a case is criminal or civil (a lawsuit seeking money compensation), there are six major phases: Jury Selection, Opening Statements, Testimony and Evidence, Closing Arguments, Jury Instructions, and Deliberation and Verdict.
After the jury is selected, the trial will generally follow this order of events: Opening Statements: The lawyers for each side may explain the case, the evidence they will present, and the issues for the jury to decide. Presentation of Evidence: ... Rulings by the Judge: ... Instructions to the Jury: ... Closing Arguments:
Pretrial Stage - discovery process, finding of facts. Trial Stage - seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants. Post Trial - concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.
The correct order in which jury trial is conducted is jury selection, opening statement, presentation of evidence and the closing arguments.
The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty. If even one juror disagrees with the outcome, there can be no final judgment in the case. When a finding is not unanimous, this is referred to as a hung jury.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
Criminal trial overview Pick a jury and evidence issues. Jury selection. ... Opening statements. Both sides start by giving an overview of what they plan to show at the trial. ... Prosecution presents its case. The prosecution presents its witnesses and evidence. ... Defense presents it case. ... Closing arguments. ... Jury makes a decision.