Presentation of Evidence
The prosecution gives an opening statement that summarizes its general arguments. The defense can then present its opening statement or may opt to wait until the prosecution has finished presenting its complete case. The prosecution presents its case first. This is done by calling witnesses to give testimony and by presenting physical evidence that will prove the defendant is guilty of the crime. Witnesses are people who can give testimony that will help prove the guilt of the defendant. They may have actually seen events related to the crime, may have relevant information about the defendant, or may be able to give expert testimony concerning the evidence or have other important information. After the prosecution finishes, it is the time for the defense to address the court.
The defense may start by asking the judge to dismiss the case for lack of evidence. If the judge agrees the evidence is insufficient to prove the defendant committed the crime without a reasonable doubt, the case will be dismissed and the defendant will be free of the charges. Usually, the judge does not dismiss the case. At this time, the defense will give its opening statement if it has not already done so. The defense then proceeds to present its case by calling witnesses and submitting evidence that will prove the defendant did not commit the crime. All witnesses may be cross-examined by the opposing side while testifying. Under the Fifth Amendment to the United States Constitution, the defendant is not required to be a witness in his own defense. If he does not testify, the jury can not hold this against him. Also under the Fifth Amendment, a witness has the right not to incriminate himself. This means the witness is not required to answer any question if doing so would incriminate himself. After the defense finishes presenting its case, each side gives a closing statement summarizing the evidence that supports its position of either guilt or innocence. The closing statements are given in the same order, with the defense going last. Then the deliberation phase of the trail begins.
Read more about this topic: United States Criminal Procedure
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