Trial is a method of settling disputes verbally in a court of law. In most cases, the people on each side of the dispute use a lawyer to represent their views, present evidence, and question witnesses. About half the trials held in the United States are jury trials. In the other trials, the defendant chooses to be tried by a judge or a panel of judges instead of a jury.
There are two types of trials, civil trials and criminal trials. Civil trials settle noncriminal matters, such as contracts, ownership of property, and payment for personal injury. The jury decides who is at fault and how much money must be paid in damages. In a criminal trial, the jury decides the legal guilt or innocence of a person accused of a crime.
A jury trial begins with the selection of the jurors. Then the prosecutor, who argues the state’s case against the defendant in a criminal trial, and the defense attorney make their opening statements to the jury. In a civil trial, one side is represented by the attorney for the plaintiff (person who began the lawsuit). The other side is represented by the defense attorney. In their opening statements, the lawyers for both sides declare what they intend to prove during the trial.
Presenting evidence.
Each lawyer presents evidence to support his or her side of the case. The evidence may include documents, such as letters or receipts; or objects, such as weapons or clothing. In most cases, the evidence consists of testimony given by witnesses who are sworn to tell the truth. Witnesses generally give their testimony in response to questions asked by an attorney. Then the opposing attorney cross-examines the witnesses and attempts to find mistakes in their testimony. A witness who is suspected of deliberately lying may be accused of perjury.
The admission of evidence in a trial is governed by certain rules. In general, information is admitted as evidence only if it is relevant and firsthand. Relevant information is related to a significant question in the case and helps answer the question. Firsthand information comes from the witness’s personal knowledge, not from hearsay.
Following the testimony and cross-examination, the lawyers for each side summarize the case. Then, in a charge to the jury, the judge gives instructions concerning the laws that apply to the case.
The judge in each trial decides what evidence will be admitted. He or she may declare a mistrial if improper evidence is heard by a jury or if the fairness of a trial is jeopardized in some other way. A mistrial results in a new trial with new jurors. The judge may also hold in contempt of court any person who shows disrespect for the court by disrupting a trial. Such a person may be fined or imprisoned, or both.
Reaching a verdict.
The jury is taken to a private room to discuss the case, think about it carefully, and reach a verdict. In cases that have received much publicity, the jurors may be sequestered (isolated) from other people, including their families, throughout the trial. Sequestered jurors may read newspapers and magazines only if articles about the trial have been cut out. In some cases, the judge orders that the jurors not be allowed to watch television. These restrictions prevent jurors from reading or hearing anything that could influence their opinions about the trial.
In a criminal trial, the prosecutor tries to prove the defendant’s guilt “beyond a reasonable doubt,” which is the standard required by law. If the jurors do not feel the prosecutor has done so, they must acquit the defendant–that is, find him or her not guilty. If the jury finds the defendant guilty, the judge sets a date for sentencing. In a civil trial, the attorney for the plaintiff must prove the plaintiff’s claim by a “fair preponderance (greater weight) of the evidence.”
A hung jury is one in which the required number of jurors cannot agree on a verdict. A new trial–with new jurors–is then held.
In some trials, the evidence points without question to a particular verdict. In such cases, the judge may order the jury to return that verdict. A verdict so returned is called a directed verdict. The jury does not discuss a directed verdict. A judge cannot order a guilty verdict.
The criminal defendant’s rights.
The Constitution of the United States guarantees accused people many rights concerning a fair trial. For example, it specifies the right to a jury trial. Other guarantees are included in the Bill of Rights, the first 10 amendments to the Constitution. The first guarantee is in the Fifth Amendment. It ensures by the right of due process that each trial will be conducted according to the law.
The Sixth Amendment sets forth the most important rights of a defendant in a criminal trial. These include the right to “a speedy and public trial.” The right to a speedy trial means that a person must be tried as soon as possible after being accused. But the large number of cases awaiting trial may prevent the courts from trying every defendant promptly. The right to a public trial means a defendant cannot be tried in secret. Each trial must be open to public observation.
The Constitution states that a criminal trial must be held in the community in which the crime occurred. The Sixth Amendment requires that the jurors be chosen from that community. In some situations, many local residents have formed an opinion about a case, and so the defendant cannot receive a fair trial there. The defense may then request a change of venue–that is, a change in the locality of the trial.
The Supreme Court of the United States has issued many decisions that provide additional rights for accused persons. In 1963, for example, the court guaranteed the right to free legal counsel in all felony cases. In 1972, the court extended that right to people accused of any offense involving a jail sentence.
A defendant who has been tried, convicted, and sentenced can use his or her right to appeal. In an appeal, the defendant asks that the case be reviewed by a higher court called an appellate court. Some cases have an automatic right of appeal. In others, the defendant must show some reason for retrying the case, such as the discovery of new evidence. In most cases, the appellate court will reverse the decision of a lower court only if the appellate court feels there has been a violation of law or of the defendant’s constitutional rights. An appellate court does not use a jury. Lawyers present the appeal by written arguments called briefs and by oral arguments.
The U.S. legal system is based on the belief that a person should be considered innocent until proven guilty. But only a small percentage of the legal disputes in the United States are settled by a trial. The defendant pleads guilty in most cases, and so no trial is needed.
Many cases are settled by plea bargaining. In this procedure, the prosecuting attorney agrees to dismiss certain charges, substitute a less serious charge, or recommend a shorter sentence if the defendant pleads guilty. The state saves time and money by plea bargaining rather than putting a defendant on trial. Critics of plea bargaining feel that it weakens the nation’s system of justice. They point out that the defendant’s guilt is assumed instead of proven, as it would be in a trial.
History.
The Saxons, who lived in England during the Middle Ages, gave accused people a trial by ordeal rather than by jury. The defendant was perhaps required to hold a piece of red-hot iron or was deliberately injured in some other way. The Saxons believed that God would heal the accused person’s wounds within three days if he or she was innocent. After the Norman Conquest in 1066, two people fought if they disagreed about a matter. They believed that God would grant victory to the one who was right.
The present trial system in the United States and Canada developed from English common law and equity. Common law is a group of rulings made by judges on the basis of community customs and previous court decisions. Equity is a set of standards based on broad principles of justice. English colonists brought their legal system with them to North America.
