1–5: General Questions
What is a criminal trial?
A criminal trial is the legal process by which the court decides whether the defendant is guilty or not guilty of the charge brought against him or her by the state or federal government.
What is the purpose of a criminal trial?
To ensure justice by evaluating evidence, arguments, and testimonies in determining a defendant’s guilt or innocence.
Read Also:
- https://insightfullawhelp.com/20-criminal-law-scenarios-and-their-legal-interpretations/
- https://insightfullawhelp.com/30-myths-about-criminal-law-and-the-truth-behind-them/
- https://insightfullawhelp.com/40-criminal-law-questions-every-citizen-should-know-the-answers-to/
Who are the main parties in a criminal trial?
The prosecution (state), the defendant (accused), and the defense attorney.
What is the role of the judge in a criminal trial?
The judge ensures that the trial is conducted fairly, makes decisions on legal matters, and in a bench trial, can deliver the verdict.
What is the role of a jury in a criminal trial?
The jury hears the evidence, deliberates, and determines whether the defendant is guilty beyond a reasonable doubt.
6–10: Trial Process
What occurs during jury selection?
The potential jurors are questioned to identify biases and ensure impartiality. This process is called voir dire.
What is an arraignment?
The first court appearance where the defendant is formally charged and enters a plea (guilty, not guilty, or no contest).
What is discovery in a criminal trial?
A pre-trial process where both parties exchange evidence and information to prepare for the case.
What is burden of proof in a criminal trial?
The prosecution has to prove the guilt of the defendant “beyond reasonable doubt.”
What if the burden of proof is not satisfied?
The defendant is acquitted (declared not guilty).
11–15: Evidence and Witnesses
What types of evidence are admitted in criminal trials?
Evidence may be any material thing, document, testimonies of an eye-witness, opinions of an expert, and even digital evidence.
What is hearsay and whether it can be admissible in court?
Hearsay: information received through someone who was not an original witness. Its admissibility is generally barred unless it falls within some of the exceptions.
Can the defendant testify in his trial?
Yes, but he need not because the Fifth Amendment has the right against self-incrimination.
What is cross-examination?
When the opposing party questions a witness to challenge his testimony.
What does the court do if a witness refuses to testify?
The court may issue an order compelling testimony. Refusal can result in contempt-of-court charges.
16–20: Verdict and Sentencing
What is a mistrial?
A trial is declared invalid because of serious mistakes, misconduct, or a hung jury (when jurors cannot agree on a verdict).
What is a plea bargain?
An agreement in which the defendant pleads guilty to reduced charges or sentences, avoiding a trial.
What is the difference between an acquittal and a conviction?
An acquittal means the defendant is found not guilty; a conviction means they are found guilty.
Who decides the sentence in a criminal trial?
In most cases, the judge determines the sentence after a conviction, based on sentencing guidelines.
Can a verdict be appealed?
Yes, the defendant can appeal if legal errors or procedural issues occurred during the trial.
21–25: Legal Rights and Protections
What rights does a defendant have during a trial?
The right to a fair trial, legal counsel, remain silent, confront witnesses, and a public trial.
Double jeopardy
A constitutional right that does not allow to be tried a second time on the same charges if acquitted or convicted.
May the prosecution suppress evidence?
No, prosecutors are mandatorily duty-bound to reveal exculpatory evidence – that may clear the defendant.
If the accused is convicted.
The court holds a sentencing hearing to decide what sentence should be meted out.
What does a public defender do?
Public defenders are lawyers who represent defendants who cannot afford private attorneys.