EXPLAINER: What to expect in a criminal trial

DETROIT – Over the years we have covered some pretty huge criminal cases and trials within the state of Michigan. But for many, these trials can be confusing for those who are not familiar with the process or what to expect during a trial.

Currently, we’re covering the latest trial on the mother of a teenager who committed a mass shooting at Oxford High School in Michigan in 2021.

• Trial begins for mother of Oxford High School shooter

The shooter’s mother, Jennifer Crumbley, 45, trial began on Thursday, Jan. 25, for involuntary manslaughter charges. The teen’s father, James Crumbley, 47, will face a separate trial in March.

Prosecutors will try to prove that James and Jennifer Crumbley failed to take steps that could have prevented their son from opening fire in the hallways of the high school.

• Oxford school shooter sentenced to life in prison: Here’s what happened in court

They are the first parents of a U.S. mass shooter to be charged in connection with their child’s crimes.

What should you expect in a criminal trial?

Many people think they know how a trial goes -- especially if you’ve found yourself binge watching Law and Order: SUV or Criminal Minds. Two sides presenting their best cases.

But it’s not that simple.

A trial can also last for a few days, weeks, months and even years. The only thing that doesn’t change within in a criminal trial in the process.

A criminal trial has to go through an adversarial system, which is to resolve disputes by presenting conflicting views of fact and law to an impartial and relatively passive mediator, who decides which side wins what. A prosecutor, a lawyer for the government, and defense attorney are assigned to trial. The defense attorney will represent the defendant who is charged with a crime.

After voir dire, which is a legal phrase from the French words meaning “to speak the truth”; the process of questioning and selecting an impartial jury for a trial, the trial will begin.

Here’s step-by-step on what happens during a criminal trial:

1. Opening statements: The attorneys will make their opening statements by giving the jury a rundown of the case they will represent. These are just statements and cannot be considered as evidence by the jury. Prosecutors are usually the ones to go first since they are the ones bringing the case that bears the burden of proof. The defense attorney then follows with their opening statement.
2. Presenting the prosecution/ plaintiff’s evidence: The opening statements are followed by the case-in-chief, where the prosecutor again goes first. They will present physical evidence or documents and also the testimony of witnesses. The witness will share personal knowledge of the case with the judge and jury through a series of questions between the witness and the prosecutor, which is a direct examination. Once the prosecutor has presented all evidence and witness testimony, the defendant has had a chance to cross examine, the prosecution the rests their case.
3. Presenting the defense’s evidence: The defense team then presents their evidence and witnesses in the same order by direct examination. The prosecutor is also allowed the cross-examine and the defendant gets to ask further questions on re-direct. The defendant in a criminal case has a constitutional right to remain silent in order to prevent self-incrimination when testifying.
   1. Evidence is used by the parties to prove or disprove unresolved issues in the case. There are rules in place to govern how evidence is collected, what can be admitted and how the judge and jury may consider evidence to render a decision. The most common type of evidence is witness testimony and it’s up to the judge or jury in a bench trial to decide the true facts from what is said by each party and witness. All witnesses must swear or affirm that their testimony will be truthful. If a witness is found to be making false claims while under oath, they can be charged with perjury.
4. Closing arguments: Once both parties have presented all evidence, they will give closing arguments. This is their last opportunity to summarize for the jury and draw attention to the fact that support their side. The closing arguments are not evidence. The prosecutor goes first and the defense attorney follows.
5. The jury’s verdict: After closing arguments, the judge will give final instructions to the jury by telling them to select a foreperson, a jury-selected spokesperson who will serve as their organizer and leader. The jury will be given a verdict form to complete and will then retire to the deliberation room to decide upon their verdict. All deliberations of the jury are confidential and private.
   1. Once the jury has reached a verdict, the foreperson alert the court is has done. The can take an hour, a day, a week; there is no time limit or deadline. The jury is called back to the courtroom where the foreperson or clerk officially announces the verdict in open court. A criminal verdict can only be guilty or not guilty on each of the charges.
   2. When a defendant is found not guilty, they are free to go and cannot be tried again for the same crime, which is the 5th Amendment called Double Jeopardy.
   3. The the defendant is found guilty, the punishment is to be decided by the judge at a later date.
6. The punishment phase: The guilty defendant will be scheduled for a sentencing hearing, approximately 90 days after the verdict. This gives the judge time to determine punishment for the crime.

Hopefully this article helps give you a clearer perspective on that happens during a criminal trial and what to expect next time you’re following a trial.

Were any of these steps surprising to you? Let us know your thoughts below!