Trial (Jury or Bench\Judge)
A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. The Prosecutor must call all the witnesses to the crime. The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence
Both the defendant and the Prosecutor (representing the State of Ohio) have the right to a trial by a jury. Sometimes, both sides agree to let a judge listen to the evidence and decide the case without a jury; this is called a "bench trial". In a jury trial, the jury is the "trier of fact", in a bench trial, the judge is. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.
Here is a general outline of the steps in a jury trial:
1. residents of Carroll County are randomly selected
from a list of registered voters and are summoned to the Court
as potential
jurors;
2. potential jurors are selected at random by the
Jury Commissioner from a list of registered voters.
3. the Judge, Prosecutor and defense attorney question the jurors about their backgrounds and beliefs (see voir dire);
4. the attorneys are permitted a limited number of "peremptory" challenges to various jurors (or an unlimited number of challenges for good cause);
5. after twelve (or eight) acceptable jurors remain, the Judge administers an oath to the jury and reads basic instructions about the trial process, etc.;
6. the Prosecutor gives an opening statement to out line his case and evidence to the jury;
7. the defense may give a similar opening statement, or wait until later in the trial;
8. the Prosecutor calls his witnesses, which the
defense may cross examine the witnesses;
9. the State rests its case.
10. the defense may call witnesses, if it wants,
and the Prosecutor may cross-examine them;
11. the defense rests.
12. the Prosecutor may present "rebuttal" witnesses/evidence to challenge evidence presented by the defendant during his proofs;
13. the Prosecutor rests;
14. the Prosecutor presents a closing summary to
the jury;
15. the defense attorney presents a closing summary to the jury;
16. the Prosecutor may present a rebuttal argument to the jury to respond to the defendant's attorney's closing summary;
17. the judge gives the jury detailed legal instructions about the charged crimes, the deliberation process, etc.;
18. the jury deliberates and returns a verdict.