Common Criminal Trial Procedures of Georgia
There are a standardized set of procedures which are followed in all criminal trials in Georgia. It is in good interests to be abreast with these procedures since they would prove useful if you find yourself or your family or friend in a legal mess and have to be part of a criminal trial.
The procedures are the same in all states and federal government. The procedures include:
1. The decision of having a jury trial or to have a presiding judge is the defense’s to make. But in certain cases both prosecutor and defense can make this decision together.
2. Once a jury trial is decided upon, jury members have to be selected. This process is done through a question and answer session wherein judge asks questions as suggested by attorney as well as some of his own. This procedure is followed in federal and state courts.
3. The defense and prosecution requests court to allow admission or exclusion of certain evidence in advance of trial. This is called motions “in limine”.
4. The trial begins with opening statements rendered by both sides to judge and jury. Sometimes the opening statement of defense is saved until the defense case begins. The statements give outline of crime committed and respective sides of the case they would be trying to prove.
5. The trial begins with the prosecution’s case. There is direct examination of prosecution witnesses.
6. The prosecution witnesses are cross examined by the defense.
7. There is provision to re-examine witnesses by prosecution after which the prosecution case comes to an end.
8. Now, the defense can move a motion to dismiss the case on grounds of not having enough evidence and as always this motion is denied by the judge.
9. Defense begins his case and there is direct examination of defense witnesses.
10. Cross-examination of witnesses by prosecutor and re-examination by defense.
11. Defense case rests.
12. Prosecution presents evidence to counter defense case.
13. Judge, prosecution and defense come together and provide jury with final instructions.
14. Closing arguments from both sides are presented.
15. Prosecution can once again assert credibility of its evidence.
16. Jury is given instructions regarding law to be applied and duties to be fulfilled.
17. The jury deliberates and reaches a unanimous decision.
18. If a guilty verdict is reached, defense moves for a motion to override jury and grant new trial or acquittal.
19. As always, the post trial motion request is denied by judge.
20. If a guilty verdict is reached, judge sentences the accused or sets another date for sentencing. In the event of a not guilty verdict, the accused is set free with due respect.
A clear picture of a criminal trial would reduce the anxiety associated with being arrested and detained.