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Federal Criminal System Trials
Federal Criminal System Trials | Trials |
A federal criminal trial is much more formal than a state criminal
trial and many federal judges require lawyers to remain at the podium.
The first part of a federal criminal is jury selection. That is when
the Court, the federal prosecutors, and the defense attorneys ask the
prospective jurors questions to get an idea of what kind of jurors they
would be. The idea behind jury selection is to eliminate prospective
jurors who will be biased in favor of either the prosecution or
defense. Common questions include a prospective jurors background,
education, and their views about the criminal justice system. While the
attorneys are not supposed to use jury selection to persuade jurors one
way or the other regarding the case at hand, experienced criminal
defense attorneys and prosecutors start find subtle ways to argue their
case at jury selection. It is not surprising that many criminal defense
attorneys consider jury selection the most important part of the trial.
After jury selection, the prosecution starts its case. Just as in state court, the federal prosecutor must prove its case "beyond a reasonable doubt." The federal prosecutor opens its case with an opening statement, in which the federal prosecutor explains to the jury what how thinks the evidence will turn out. After the federal prosecutor opens, the criminal defense attorney then gives his opening statement, in which he tells the jury how he thinks the evidence will turn out, which is usually very different from the federal prosecutor. Opening statements are extremely important, because this is very first opportunity for the federal prosecutor and criminal defense attorney to make their cases to the jury. While the general rule is that the opening statements must stick to the facts the attorneys believe will develop and no argument is permitted, experienced attorneys use opening statements to persuade and argue their cases to the jury. After the opening statements, the federal prosecutor will develop its case by calling its witnesses and introducing physical evidence. The federal prosecutor will ask the witnesses questions, who will then answer them. This is direct examination. After direct examination, the criminal defense attorney will then be able to cross-examine the federal government witnesses. Cross-examination is the hardest part of trial, and effective cross-examination is what separates great criminal defense attorneys from the rest. As you may imagine, many lawyers have written books on the right and wrong way to cross-examine witnesses. Unfortunately for their clients, many attorneys never learn how to conduct effective cross-examinations. For these attorneys, it is best that they stay out of the courtroom. After the federal government has examined all its witnesses, it will rest its case. The criminal defense attorney will then have the opportunity to present its case with its own witnesses. When the defense presents it case, it will conduct direct examination on its witnesses and the federal prosecutor will have the right to cross-examine those witnesses. The most important part of the defense case is deciding whether or not the defendant will testify. The federal government cannot force a defendant to testify; that is a decision he makes after he talks about it with his lawyer. After the defense is done with its case, the federal prosecutor and criminal defense attorney then make their closing arguments to the jury. This is when the lawyers have the most freedom, and this is when they try to convince the jury why their side is right. After hearing closing arguments and the judge's instructions, the jury will then decide who is right: the federal government or the defense. If the jury finds the defendant not guilty of all charges, he goes home. If, however, the jury convicts the defendant, then the case proceeds to sentencing. Tags: arizona criminal defense lawyer phoenix criminal defense attorney mesa arizona criminal defense lawyer east mesa criminal defense scottsdale arizona criminal defense lawyer arizona criminal defense criminal defense dui felony misdemeanor dwi driving while intoxicated driving under the influence domestic violence homicide robbery burglary and theft assault and aggravated assault post-conviction relief homicide forgery credit card fraud weapons gun offenses juvenile cases drug offenses federal firearms offenses crimes against the person sexual abuse child pornography property crimes fraud money laundering immigration crimes conspiracy and attempt mesa arizona phoenix arizona east valley arizona scottsdale arizona tempe arizona tucson arizona flagstaff arizona glendale arizona prescott arizona peoria arizona chandler arizona gilbert arizona fountain hills arizona paradise valley arizona vladimir gagic maricopa county |
