Opening Statements

Once a jury is selected, the first "dialogue" at trial comes in the form of two opening statements -- one from the prosecutor on behalf of the government, and the other from the defense. No witnesses testify at this stage, and no physical evidence is ordinarily utilized.

Because the government has the "burden of proof" as to the defendant's guilt, the prosecutor's opening statement is given first and is often more detailed than that of the defense. In some cases, the defense may wait until the conclusion of the government's main case before making its opening statement. Regardless of when opening statements are made, during those statements:

• The prosecutor presents the facts of the case, from the government's perspective, and walks the jury through what the government will try to prove -- what the defendant did, how, and why.
• The defense gives the jury its own interpretation of the facts, and sets the stage for rebutting key government evidence and presenting any legal defenses to the crime(s) charged.

Witness Testimony and Cross-Examination

At the heart of any criminal trial is what is often called the "case-in-chief," the stage at which each side presents its key evidence to the jury.

In its case-in-chief, the government methodically sets forth evidence in an attempt to convince the jury beyond a reasonable doubt that the defendant committed the crime. It is at this point that the prosecutor calls eyewitnesses and experts to testify. The prosecutor may also introduce physical evidence, such as photographs, documents, and medical reports.

Whether a witness is called by the government or the defense, the witness testimony process usually adheres to the following timeline:

• The witness is called to the stand and is "sworn in," taking an oath to tell the truth.
• The party who called the witness to the stand questions the witness through "direct" examination, eliciting information from the witness through question-and-answer, to strengthen the party's position in the case.
• After direct examination, the opposing party has an opportunity to question the witness through "cross-examination" -- attempting to poke holes in the witness's story, attack their credibility, or otherwise discredit the witness and his or her testimony.
• After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through "re-direct examination," and attempt to remedy any damaging effects of cross-examination.

After the government concludes its case-in-chief, the defense can present its own evidence in the same proactive manner. However, in some cases the defense may choose not to present a "case-in-chief," instead deciding to make its key points through cross-examination of the government's witnesses, and challenges to its evidence.

Once the prosecution and defense each have had an opportunity to present their case and to challenge the evidence presented by the other, both sides "rest," meaning that no more evidence will be presented to the jury before closing arguments are made.