Definitions

Probation is a criminal sentence; parole is one way of completing a criminal sentence of incarceration. In most jurisdictions, first-time offenders are considered for probation, particularly if their offense was nonviolent. A person placed on probation is typically given a jail or prison sentence that is suspended as long as the person abides by the [...]

A popular misconception is that cases are always appealed. Not often does a losing party have an automatic right of appeal. There usually must be a legal basis for the appeal—an alleged material error in the trial—not just the fact that the losing party didn’t like the verdict. Criminal defendants convicted in state courts have [...]

After reaching a decision, the jury notifies the bailiff, who notifies the judge. All of the participants reconvene in the courtroom and the decision is announced. The announcement may be made by either the foreperson or the court clerk. Possible verdicts in criminal cases are “guilty” or “not guilty.” Sometimes, if the jury cannot unanimously [...]

The judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury. This is commonly referred to as the judge’s charge to [...]

The lawyers’ closing arguments or summations discuss the evidence and properly drawn inferences. The lawyers cannot talk about issues outside the case or about evidence that was not presented. The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the [...]

When the lawyer for the government, the prosecutor, has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Leading questions may be asked during cross-examination, since the purpose of cross-examination is to test the credibility of statements made during direct examination. Another reason for allowing leading questions is that the witness [...]

Lawyers for the government begin the presentation of evidence by calling witnesses. The questions they ask of the witnesses are direct examination. Direct examination may elicit both direct and circumstantial evidence. Witnesses may testify to matters of fact, and in some instances provide opinions. They also may be called to identify documents, pictures or other [...]

The heart of the case is the presentation of evidence. There are two types of evidence — direct and circumstantial. Direct evidence usually is that which speaks for itself: eyewitness accounts, a confession, or a weapon. Circumstantial evidence usually is that which suggests a fact by implication or inference: the appearance of the scene of [...]