I'm doing homework for US Government and there are questions about steps in a Trial but I couldn't find any information that would help me with this online as links I could find didn't clearly explain the order it should go in. What would be the correct order for the screenshot given? enter image description here

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    Do you have textbook? Generally it will have the answers to questions in it (even if the textbook is badly formatted and badly written). – sharur Jan 9 '19 at 22:31
  • try ILBDFEHGCKANMJ – Alexanne Senger Jan 10 '19 at 3:34

So you can learn and not cheat:

Court refers to all parts of the trial (and is generally personified as the judge. If the judge has to rule about his or herself, they will refer to themselves as "The Court" i.e. It is the opinion of the Court... which can be read as "It is my opinion"

The Jury must first be sworn in as they assess guilt... usually (Bench Trials, i.e. the Judge also does the jury's job are also possible, and the decision to one is the right of the Defendant. It's often referred to as refusing such a right.)

As the Prosecution is making the case and because you cannot defend against something without knowing what you're being accused of, the Prosecution will make the first opening remarks, followed by the Defense*.

Since the Prosecution must go first so the defense can properly defend against the charges, the Prosecution gets to call it's witnesses first. Each witness is direct examined, then cross-examined (there is also a period of re-direct and re-cross). Each level can only ask questions related to those brought up in the prior questioning line (Cross can only ask questions about direct. Re-Direct can only ask about Cross. Re-Cross can only ask about Re-Direct).

After all prosecution witnesses are called, the defense calls its witnesses and the order is held in the same manner (direct then cross).

After this, both sides make closing remarks, and the defense will go first (they have had time to prepare remarks, as this basically sums up their defense. Given that it just happened, it's fresher in the jury's mind, so the Prosection will get the final closing remarks to drive his points home and answer the Defense's arguments.

This is followed by the Judge giving the Jury the final instructions, and the jury is sent to deliberate the guilt or innocense of the defendant. When they finish this, they will read their verdict.

*Note that in the United States and most other Common Law or adversarial court systems, it is the right of the Defendant to not testify to anything... up to and including calling no witnesses and offering no rebuttal to his case... this normally doesn't happen as the prosecution needs to show some evidence in pre-trial that their accusations have merit and they aren't just accusing defendant because they do not like their face... there is a point in the trial where the defense may ask the judge to close the case because the Prosecution hasn't proven a damn thing (Right after the Prosecution rests), though the judge rarely carries the motion. The lack of defense testimony may not be used as evidence of guilt as the defendant need not contribute anything to his/her prosecution.

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  • I think this answer may confuse the OP. They are clearly talking about a civil trial and this answer is about criminal procedure. There is not”guiltless or “prosecution” in a civil trial. – Dale M Jan 10 '19 at 19:43

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