Phases of the Legal Process

Phases of the Legal Process

A legal case goes through several steps as it winds its way through the legal system. 

In criminal case, the major phases of the process are as follows:

·   Grand jury.  The prosecutor must demonstrate, to the satisfaction of a jury, that there is enough evidence to justify having a trial.  Most, but not all, States use grand juries.  The size of the grand jury differs substantially from State to State.  In the federal system, a grand jury has from 16 to 23 members.

·   Discovery.  The prosecution is required to turn over all potentially exculpatory evidence to the defense.

·   Pre-trial motions.  Lawyers for the two sides attempt to influence the evidence and arguments that will be allowed in the trial.  The judge has sole discretion in ruling on motions (though his decisions may be reviewed by higher courts).  One kind of pre-trial motion is a motion to dismiss, which asks the judge to dismiss a case for lack of evidence or legal merit.

·   Jury selection (a.k.a. voir dire).  The judge, usually with the participation of the attorneys, questions potential jurors to find an acceptable jury.  Jurors with a likely bias or conflict of interest are dismissed.  When the attorneys participate, each side is typically allowed a limited number peremptory strikes (dismissing a potential juror without stating a reason), as well as any number of strikes with cause (for likely bias or conflict of interest), as approved by the judge.

·    Trial.  This is the part you know about from all those lawyer shows.

·    Verdict.  The jury pronounces the defendant guilty or not guilty on each charge.  If the jurors are unable to reach agreement, there is a "hung jury," and a mistrial is declared.  When a mistrial occurs, the prosecution may choose to try the defendant again or drop the case.

·    Sentencing.  This takes place only after a guilty verdict has been pronounced.  The judge almost always decides the punishment, even following a jury trial.  In some circumstances, a jury may participate in the sentencing process, such as by recommending a penalty to the judge.  Although judges have discretion in sentencing, their discretion is often substantially curbed by statutory sentencing guidelines.  These guidelines provide minimum and maximum sentences for persons convicted of particular crimes, and the judge has discretion only within those parameters.  There are some types of evidence that may be allowed in a sentencing hearing that would not be allowed in the trial -- for example, evidence that the defendant had committed previous crimes.

In a civil trial, the phases are somewhat different:

·     Discovery.  Each side must turn over relevant evidence to the other side.

·     Pre-trial motions.  See explanation above.

·      Jury selection.  See explanation above.

·     Trial.  See explanation above.

·     Verdict.  The jury finds for the plaintiff or the defendant.  (The terms guilty and not guilty are not used in civil trials.)  Any damage award is announced at the same time, not in a separate phase.