Steps in a Trial
Presentation of Evidence by the Defense
The defense lawyer may choose not to present evidence, in the belief that the plaintiff or government did not prove its case. Usually, however, the defense will offer evidence.
In a criminal case, the witnesses presented by the defense may or may not include the defendant. Because the Fifth Amendment to the U.S. Constitution protects against self-incrimination, the prosecution cannot require the defendant to take the stand and explain what happened, nor can it comment or speculate on the reasons the defendant has chosen not to testify. The jury will be instructed not to take into account the fact that the defendant did not testify.
The defense presents evidence in the same manner as the plaintiff or state, and the plaintiff or government in return has the right to cross-examine the defense's witnesses. Re-direct and re-cross examination also are permitted.
>>Diagram of How a Case Moves Through the Courts
>>Civil and Criminal Cases
>>Pre-trial Procedures in Civil Cases
>>Jurisdiction and Venue
>>Pre-trial Procedures in Criminal Cases
>>Bringing the Charge
>>Pre-Trial Court Appearances in Criminal Cases
>>Civil and Criminal Trials
>>Officers of the Court
>>The Jury Pool
>>Selecting the Jury
>>Motion for Directed Verdict/Dismissal
>>Presentation of Evidence by the Defense
>>Instructions to the Jury
>>Motions after Verdict