Opening statements permit both the prosecutor and defense attorney the opportunity to present their interpretation of the events; these statements typically are summarized and do not include witnesses or evidence. However, the prosecutor composes the opening statement initially because the Government has the burden of proving the respondent perpetrated the crime. (United States Attorneys, 2015)
C. Presentment of Cases
Witness Examination Subsequent to the opening statements, the prosecutor initiates direct examination of the first of the witnesses; this is the prosecutor’s initial step in attempting to prove the case, and the duration may possibly be from a few minutes to several days. Throughout direct examination, …show more content…
It is the government's obligation to prove the respondent perpetrated the offense as specified in the arraignment. If the respondent decides not to testify or does not put on any evidence, the jury may not consider this as evidence the respondent committed the crime and is guilty merely because they did not put on a defense; the decision to put on a defense is solely up to the respondent and the defense counsel. Though, the defense will typically present its own account of the case. (United States Attorneys, …show more content…
The judge determines the conclusion of an objection; either sustains so that the action discontinues, or overrules which permits the action to continue.
E. Closing Arguments
Once the defense’s direct testimony and cross examination by the prosecutor of all the witnesses is completed, the defense rests, and the prosecuting attorney and defense counsel prepare for closing arguments. (United States Attorneys, 2015)
Closing arguments are the final opportunity for the prosecutor and the defense attorney to communicate to the jury; these arguments permit both lawyers to recapitulate the testimony and evidence, and request the jury to return a verdict of guilty or not guilty.
F. Jury Instructions
Subsequent the closing arguments, the magistrate charges the jury, or advises them of the appropriate law and of what must perform to attain a verdict.
G. Jury Deliberations & Announcement of the Verdict
Subsequent to being charged, the jury leaves into deliberation, the procedure of determining whether a respondent is guilty or not guilty; throughout this process, no one connected with the trial can communicate the jury without the magistrate and attorneys. If the jury has uncertainty regarding the law, they must write a letter to the magistrate, who will then read the letter in court with all parties