Phases of a trial Essay Example | Topics and Well Written Essays - 500 words

Phases of a trial - Essay ExampleBased on the potential jurors responses to questioning, the examine can excuse them at this stage. In addition, using ch altogetherenges for cause and peremptory challenges, both the prosecution and the defense may leave out some jurors at this stage. A tag can use a peremptory challenge to leave out a juror for both non-discriminatory cause. On the other hand, the judge can use a challenge for cause to leave out a juror who has proved that he/she cannot be truthfully objective in the decision of a case (Trial 1). Menard explains that the questioning process goes on until all parties attorneys become satisfied with the jurys composition or exhausts all challenges that law permits. To make sure that there are enough jurors for deliberation, alternate jurors are essential. The judge decides when to excuse alternate jurors (9).After jury selection, the first colloquy at trial is in the form of two scuttle statements, one from the defense and the oth er from the prosecutor on governments behalf. At this stage, no physical evidence is used and no witnesses testify. The prosecutor gives his/her opening statement first and in most cases, it is more detailed than that of the defense since the government has the force of proof as to the guilt of the defendant. In some cases, prior to making its opening statement, the defense may wait until the main case of the government comes to conclusion. During the opening statements, the prosecutor submits the cases facts, from the perspective of the government, and takes the judges through the proof that the government will make. Additionally, the defense presents its own interpretation of the facts to the jury, and establishes the basis for the presentation of any legal defenses to the charged crime(s) and the rebuttal of key government evidence (Trial