criminallaw.wikiThe sourced reference on US criminal law

The criminal trial

From criminallaw.wiki, the sourced reference on US criminal law
General information, not legal advice. Criminal laws differ by state and change often. For advice about a specific situation, talk to a licensed criminal defense lawyer or a public defender. See the legal disclaimer.

Law checked as of · Written by the criminallaw.wiki editorial team

Key facts: A criminal trial is an adversarial proceeding where the prosecution must prove the charges, and most serious offenses carry a constitutional right to an impartial jury that, in federal court, generally must reach a unanimous verdict.[3]

A criminal trial is the formal proceeding in which evidence is presented and witnesses are heard before a judge, jury, or other adjudicator who decides guilt or innocence.[1]In the federal system, trial follows earlier steps such as charging, arraignment, discovery, and plea bargaining, and precedes sentencing and appeal if the defendant is convicted.[2]

Overview

A trial is a formal legal proceeding in which claims are presented, evidence is examined, and witnesses are heard, operating as an adversary proceeding governed by established procedures and rules of evidence.[1]In federal cases, a trial is a structured process in which a jury decides whether the defendant is guilty or not guilty of the charged offense, with the prosecutor presenting evidence to prove the charge and the defendant, represented by counsel, able to present a defense.[2]The judge is an impartial figure who rules on what evidence may be shown to the jury, comparable to a referee who ensures the process is conducted fairly.[2]Readers who want background on the stages leading up to trial can review arraignment and plea bargaining, and those who want to understand what the prosecution must prove can see elements of a crime.

Right to a jury

The Sixth Amendment guarantees criminal defendants the right to a speedy and public trial by an impartial jury, along with the rights to be informed of the charges, to confront witnesses, to compulsory process, and to the assistance of counsel.[4]The U.S. Supreme Court has held that this jury-trial right generally applies only to offenses carrying a penalty of more than six months' imprisonment.[3]In Duncan v. Louisiana, the Court held that the right to trial by jury for serious offenses is fundamental and applies in state prosecutions through the Fourteenth Amendment, reversing a conviction where a jury trial had been denied for an offense punishable by up to two years' imprisonment.[6]In Ramos v. Louisiana, the Court held that the Sixth Amendment's jury-trial guarantee requires a unanimous verdict to convict a defendant of a serious offense, and that this requirement applies to the states as well as to federal court.[5]For more on constitutional trial protections, see Sixth Amendment rights.

Jury selection

One of the first steps at trial is selecting jurors from a pool, often called the venire, which in federal court is compiled from voter registration records in the district.[2]In federal court and most state courts, a jury consists of 12 members, although smaller juries are constitutionally permitted.[3]The judge questions prospective jurors to identify bias or other disqualifications, and both the prosecutor and defense attorney may question jurors about potential bias and excuse some jurors.[2]Each side also has a limited number of peremptory challenges that allow excusing a juror without stating a reason, but jurors may not be excluded on the basis of race, sex, or ethnicity.[3]Parties are not permitted to select jurors to exclude entire groups of people, and a jury should represent people of different backgrounds.[2]

Opening statements and evidence

At trial, the prosecutor delivers the opening statement first, because the government bears the burden of proving the defendant committed the crime; these statements are brief outlines and do not involve witnesses or evidence.[2]The prosecutor then presents its case through direct examination of witnesses, introducing evidence such as physical items from the scene, and the defense attorney may cross-examine each witness to test credibility, after which the prosecutor may conduct a redirect examination.[2]Once the prosecution rests, it may not call further witnesses or introduce further evidence, and the defense then has the opportunity to present its own witnesses and evidence, though it is not required to do so and the defendant has no burden to prove innocence.[2]A defendant's decision not to testify may not be treated by the jury as evidence of guilt, and the jury may not assume guilt simply because the defense presented no evidence.[2]During examination, attorneys may raise objections, such as objections based on hearsay or relevance, which the judge rules on.[2]For background on the standards the prosecution must meet, see mens rea and criminal defenses.

Closing arguments and instructions

After the evidence is presented, the trial moves toward a decision by the jury or judge, who determines guilt or innocence in a criminal case.[1]Because the sources available here do not detail every state's practice for closing arguments and jury instructions, specifics can vary by jurisdiction, and readers should not assume the federal procedure described above applies identically in every state court.[2]

Deliberation and verdict

A jury is a group empowered to make findings of fact and render a verdict, while the judge decides questions of law, including what evidence the jury may consider.[3]A federal jury verdict generally must be unanimous, and the Supreme Court in Ramos v. Louisiana held that a unanimous verdict is required under the Sixth Amendment to convict a defendant of a serious offense, a requirement that also applies in state courts.[5]Absent fraud, a jury's verdict is final and its deliberations are not scrutinized or reviewed, even where jury nullification — the jury's purposeful rejection of the judge's instructions or the evidence — is suspected.[3]Parties may agree to waive the jury at any time before a verdict is returned.[3]

Bench trials

Parties may request a bench trial, in which the judge, rather than a jury, decides both issues of fact and law.[3]Under the Federal Rules of Criminal Procedure, if the defendant is entitled to a jury trial, the trial must be by jury unless the defendant waives that right in writing, the government consents, and the court approves.[7]In a case tried without a jury, the court must find the defendant guilty or not guilty, and if a party requests before that finding, the court must state its specific findings of fact in open court or in a written decision.[7]

Common questions

What are the stages of a criminal trial?

A federal criminal trial generally proceeds through jury selection, opening statements, presentation of evidence through witness examination, closing, and a decision on guilt or innocence by the jury or judge.[2]The prosecutor goes first because the government bears the burden of proving the charge, and the defense may, but is not required to, present its own witnesses and evidence.[2]

Must jury verdicts be unanimous?

In federal court, a jury verdict generally must be unanimous.[3]The Supreme Court in Ramos v. Louisiana held that the Sixth Amendment requires a unanimous jury verdict to convict a defendant of a serious offense, and that this requirement applies to state courts as well.[5]

What is a bench trial?

A bench trial is a trial in which the judge, rather than a jury, decides both the facts and the law.[3]Under the Federal Rules of Criminal Procedure, a defendant entitled to a jury trial can have a bench trial instead if the defendant waives the jury right in writing, the government consents, and the court approves.[7]

How is a jury chosen?

Jurors are selected from a pool, such as the venire compiled from voter registration records in federal court, and the judge and the parties question prospective jurors to identify bias.[2]Each side may use a limited number of peremptory challenges to excuse jurors without giving a reason, but jurors cannot be excluded based on race, sex, or ethnicity.[3]

Does the right to a jury trial apply to every criminal case?

No; the Supreme Court has generally limited the Sixth Amendment jury-trial right to crimes carrying a penalty of more than six months' imprisonment.[3]In Duncan v. Louisiana, the Court held that this right to a jury for serious offenses applies in state prosecutions as well as federal ones.[6]

References

All sources retrieved November 2026.

  1. ^ a b c "Trial (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  2. ^ a b c d e f g h i j k l m n o "Trial". U.S. Attorneys, U.S. Department of Justice. Retrieved November 2026.
  3. ^ a b c d e f g h i j k l m n o p "Jury (Wex)". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  4. ^ a b "U.S. Constitution, Sixth Amendment". Legal Information Institute, Cornell Law School. Retrieved November 2026.
  5. ^ a b c d "Ramos v. Louisiana, 590 U.S. 83 (2020)". U.S. Supreme Court opinion via Legal Information Institute. Retrieved November 2026.
  6. ^ a b "Duncan v. Louisiana, 391 U.S. 145 (1968)". U.S. Supreme Court opinion via Legal Information Institute. Retrieved November 2026.
  7. ^ a b c "Federal Rules of Criminal Procedure, Rule 23 (Jury or Nonjury Trial)". Legal Information Institute. Retrieved November 2026.