1. What is a criminal trial?
A criminal trial is a process of the determination of a court that whether a defendant is guilty or not of a criminal offence.
2. What is the role of the prosecution?
The prosecution presents the evidence and argument to prove that the defendant committed the crime, beyond any doubt.
3. What is the role of the defense?
The defense defends the rights of the defendant, attacks the prosecution’s evidence, and presents its case to create reasonable doubt.
Read Also:
- https://swiftlawadvisor.com/20-common-criminal-offenses-and-their-penalties/
- https://swiftlawadvisor.com/25-facts-about-criminal-law-that-everyone-should-know/
- https://swiftlawadvisor.com/40-insights-into-the-criminal-justice-process
4. What is a jury trial?
A jury trial is a proceeding in which a group of impartial individuals, called jurors, listen to the evidence and determine whether the defendant is guilty or not.
5. What is a bench trial?
A bench trial is decided by a judge alone without a jury.
6. What is the standard of proof in a criminal trial?
The prosecution has to prove beyond a reasonable doubt that the defendant committed the crime.
7. Can a defendant represent themselves in a trial?
Yes, but it is not advisable as criminal law is too complex.
8. What are opening statements?
Opening statements are the initial remarks made by both the prosecution and defense in order to tell their cases to the jury.
9. What is direct examination?
Direct examination occurs when a lawyer questions their own witness to provide evidence in support of their case.
10. What is cross-examination?
Cross-examination is when the opposing lawyer questions a witness to challenge their testimony or credibility.
11. Can a defendant be forced to testify?
No, defendants have the right to remain silent and cannot be compelled to testify against themselves.
12. What are objections?
Lawyers raise objections to improper questions, evidence, or procedures during the trial.
13. What is hearsay?
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It’s generally inadmissible unless it falls under an exception.
14. What is the role of the judge?
The judge ensures the trial follows legal procedures, rules on objections, and may decide the verdict in a bench trial.
15. What are closing arguments?
Closing arguments are the final statements by the prosecution and defense summarizing their cases for the jury or judge.
16. What is jury deliberation?
Jury deliberation is the process where jurors discuss the evidence and arguments to reach a verdict.
17. What happens if the jury cannot reach a unanimous decision?
This leads to a hung jury, and the judge may declare a mistrial, which can lead to a retrial or dismissal of the case.
18. Can a defendant be retried after a mistrial?
Yes, if there’s a mistrial, the prosecution may choose to retry the defendant.
19. What is a plea bargain?
A plea bargain is an agreement where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence.
20. What are mitigating circumstances?
Mitigating circumstances are factors that may reduce the severity of the sentence, for example, the lack of criminal history.
21. What are aggravating circumstances?
Aggravating circumstances are factors that may increase the severity of the sentence, for example, the use of a weapon in the crime.
22. What happens if the defendant is found not guilty?
If declared not guilty, the accused is acquitted and cannot be tried again for the same offense because of the double jeopardy clause.
23. What if the defendant is guilty?
If the accused is found to be guilty, the court arranges a hearing to determine the punishment.
24. Can the verdict be appealed?
Yes, the convicted can appeal a guilty verdict by proof of errors in law and procedure during the trial.
25. What is evidence?
Evidence refers to any material brought to court to prove or disprove a fact, such as documents, witness testimony, or physical objects.
26. What is circumstantial evidence?
Circumstantial evidence indirectly suggests a fact but does not directly prove it, for example, fingerprints at a crime scene.
27. What is direct evidence?
Direct evidence directly proves a fact, such as an eyewitness account.
28. What is the purpose of sentencing?
Sentencing serves to punish the offender, deter further crimes, rehabilitate, and provide justice to the victim.
29. What is restitution?
Restitution is a court order requiring the defendant to compensate the victim for financial losses caused by the crime.
30. What is the difference between probation and parole?
Probation: A sentence allowing the offender to remain in the community under supervision.
Parole: Early release from prison under certain conditions.
