Trial

While most criminal Cases in New York will be resolved without the necessity of a trial, a small percentage of criminal cases will be required to be tried. A trial is a formal procedure whereby evidence is presented to the court to determine whether a defendant is innocent or guilty of the criminal charges against him. In order for the prosecution to obtain a conviction in a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant committed the offense. While all trials are overseen by a judge, the ultimate determination as to whether guilt has been proven beyond a reasonable doubt may be determined by either the judge overseeing the trial, or in the case of a jury trial, by the jury.

Bench Trials
 
A bench trial is where a judge hears the evidence and decides whether the prosecution has proven their case beyond a reasonable doubt. While a defendant is usually entitled to a jury trial on a criminal case there are certain times when a defendant is not automatically entitled to a jury trial, such as when a defendant has been determined to be youthful offender or where the defendant has been charge with a violation rather than a misdemeanor or felony. Also, a defense attorney may decide strategically, that the case is better off being heard before a judge, rather than a jury.

Jury Trials

With a jury trial, the ultimate determination as to whether the prosecution has proven the defendant guilty beyond a reasonable doubt rests with the jury. Misdemeanor charges are tried before six jurors, and one or two alternatives. Felony trials are tried before 12 jurors and two or four alternatives.

Trial Stages

Jury Selection:     Also known as Voir Dire, is where a group of prospective jurors are questioned by both the defense and the prosecution. Both sides are permitted to discharge a certain number of jurors regardless of the reason, this is known as a preemptory challenge. An unlimited number of jurors however may be discharged for cause. Examples of discharge for cause may include situations where a prospective juror states that he or she could never convict a defendant, that the prospective juror is friends with the defendant or where a prospective juror states he or she automatically believes anything a police officer says.

Rosario material:

Opening Statement:

Direct Case ( Also known as the Peoples Case):
Defense Case:

Rebuttal:

Summation:

Jury Charge:

Deliberation: