Stages of a criminal trial, including submission of no case to answer Flashcards
(6 cards)
What is the first step in a criminal trial?
The prosecution delivers an opening speech summarizing the case and outlining the key evidence it will rely on.
What occurs during the prosecution’s evidence stage?
The prosecution calls live witnesses (such as arresting officers) and introduces statements, subject to evidential rules. The defense then cross-examines, and the prosecution may re-examine witnesses if needed.
When can a defense submit “no case to answer” and on what grounds?
fter the prosecution’s case closes, the defense may argue that either:
(1) no essential element has been proven
(2) the prosecution’s evidence is so weak or discredited that no reasonable jury could convict.
What happens if the “no case to answer” submission is rejected?
The defense presents its case by calling witnesses, including possibly the defendant, who will be cross-examined by the prosecution and re-examined by the defense.
What occurs after all evidence is presented in a trial?
The defense gives a closing speech (having the last word), followed by the judge giving directions to the jury, who then retire to deliberate and deliver a verdict.
What are the stages of a criminal trial, in order?
- Prosecution Opening Speech — Brief outline of the case and evidence.
- Prosecution Evidence — Witnesses called and cross-examined; possible re-examination by prosecution.
- Submission of No Case to Answer — Defense may argue that prosecution evidence is insufficient or discredited.
- Defense Case — Defense presents witnesses (including the defendant), followed by cross-examination and re-examination.
- Closing Speeches — Defense usually gives a closing speech to have the last word.
- Judge’s Directions to Jury — Judge explains legal principles and provides necessary guidance (e.g., Turnbull Direction).
- Jury Deliberation and Verdict — Jury retires to deliberate and deliver a verdict.