The protection lawyer often summarizes the strongest factors of the defendant’s case and factors out flaws in the prosecutor’s case. Opening Statements – The defendant has the best to a trial in which either a jury or the choose determines guilt. When the courtroom is prepared for the trial to start, each side could make an opening statement.
Criminal Procedure > Appellate Issues > Right To Appeal > State’s Right > Dismissal Of Charges
Closing arguments—much like opening statements—present a possibility for the attorneys to address the decide or the jury a final time. The prosecutor speaks first, normally summarizing the evidence that has been offered and highlighting objects most useful to the prosecution.
Trial- This is the final stage of the legal justice process. Evidence is offered to a jury (jury trial) or to the decide (bench trial) to determine the guilt or innocence of the defendant. If the defendant is found guilty (convicted), the court’s probation department prepares a report for the judge summarizing the crime, and the defendant’s private and criminal backgrounds.
The protection lawyer may, however does not have to, name witnesses and current evi-dence. The members of the jury should all agree as to whether the prosecutor has confirmed that the defendant is guilty beyond a reasona-ble doubt. This means that each member of the jury should be firmly satisfied that the defendant is responsible. If the jury finds the defendant not guilty, the defendant is launched and costs could nev-er be introduced again for the same act.
Criminal instances contain the commission of acts that are prohibited by regulation and are punishable by probation, fines, imprisonment—and even dying. The lawyer representing the state, county or municipal authorities that formally accuses an individual of committing a criminal offense is the prosecutor. The decide not only ensures that the rights of defendant are respected, but in addition the Constitutional provision and the statutorily required rights afforded to victims of crime. Both the defendant and the Prosecutor (representing the People of the State of Michigan) have the right to a trial by a jury.
Sometimes, each side agree to let a Judge listen to the evidence and decide the case with no jury; that is called a “bench trial.” In a jury trial, the jury is the “trier of reality”; in a bench trial, the judge is. After the proof is presented, the judge or a jury will decide whether the evidence proved that the defendant committed the crime.
If the jury finds the defendant guilty, the case proceeds to sentencing. Closing Arguments – After the prosecution and the protection have offered all of their proof, both sides might make closing arguments.
All defendants charged with felonies have a right to a jury trial. Some misdemeanors are solely eli-gible for a bench trial before a judge. During trial, the prosecutor will call witnesses and pre-despatched evidence.