Trial is the legal process of deciding whether someone is guilty of a crime. It takes place after all the evidence has been collected, and is conducted in court by a judge or jury. The judge will control the presentation of the evidence, decide any legal issues that might arise, and instruct the jury on their role. The jury will determine which party’s version of the facts to believe and is the “fact finder” who decides who wins or loses.
Before trial begins, each side is allowed to make opening statements that describe their account of the events that led up to the case. Then, the prosecution calls witnesses and a prosecutor asks each witness questions during what is called direct examination. The defense lawyer can also ask the witness questions during cross-examination. This is a way to poke holes in the witness’s testimony and discredit them.
Following closing arguments, the judge gives the jury a set of instructions on what they must do to reach a verdict (guilty or not guilty). Then, the jurors meet in private and discuss the evidence and their opinions of each witness. When the jury reaches a unanimous decision, they announce it in open court.
Benefits of Trial
Validation and Justice: For many victims, a trial offers the opportunity to tell their story in court and seek justice. A trial may also help shape legal precedents that improve protections for others in similar situations. Leverage in Negotiations: Being willing to go to trial can strengthen your position during settlement negotiations. It may result in a higher compensation award.