Criminal Trial

After a defendant is formally charged with a crime, the case proceeds to the criminal trial phase (unless the defendant pleads guilty). This begins with jury selection, in which the prosecuting attorney and defense counsel select a jury from the randomly selected jury pool through the process of elimination. Once the jury is set, counsel for the prosecution and defense make their opening statements; present evidence; call witnesses to the stand for testimony and cross-examination; and then make their closing arguments. The jury then deliberates for as long as it takes to reach a verdict. This section covers the basics of criminal trials, including detailed information about the insanity defense.

Learn About Criminal Trial

Criminal Trial Overview
Overview of the six main phases of a criminal trial, which include jury selection; opening statements; witness testimony and cross-examination; closing arguments; jury instruction; jury deliberation and verdict.
Criminal Procedure FAQ
Answers to frequently asked questions about criminal law procedures, including the meaning of presumed innocence; the standard of guilt in criminal trials; and reasons for not testifying at trial.
Right to Counsel
Collection of articles and resources pertaining to a criminal defendant's constitutional right to representation by an attorney, including information about the Sixth Amendment and the right to a court-appointed lawyer.

Fifth Amendment Right Against Self-Incrimination
Concise overview of a criminal defendant's right against self-incrimination at trial, enshrined in the Fifth Amendment to the U.S. Constitution, commonly referred to as “pleading the Fifth.”
Insanity Defense
Overview of the insanity defense to criminal charges, used by defendants to claim a mental illness or defect was responsible for their actions, plus links to additional information.
Insanity Defense Among the States
State listings of the method or methods used to test a criminal defendant’s insanity defense, which include the M’Naghten Rule, the Irresistible Impulse Test, and the Model Penal Code Rule.

Criminal Trial Articles