CARROLL COUNTY
        PROSECUTOR'S OFFICE
         
         
        HOW A CRIME IS PROSECUTED
         
        TRIAL
         
         

        Trial (Jury or Bench\Judge)

         A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt.  The Prosecutor must call all the witnesses to the crime.  The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence

        Both the defendant and the Prosecutor (representing the State of Ohio) have the right to a trial by a jury.  Sometimes, both sides agree to let a judge listen to the evidence and decide the case without a jury; this is called a "bench trial".  In a jury trial, the jury is the "trier of fact", in a bench trial, the judge is.  After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.

        Here is a general outline of the steps in a jury trial:

         1. residents of Carroll County are randomly selected from a list of   registered voters and are summoned to the Court as potential
          jurors;

         2. potential jurors are selected at random by the Jury Commissioner   from a list of registered voters.
         

         3. the Judge, Prosecutor and defense attorney question the jurors   about their backgrounds and beliefs (see voir dire);

         4. the attorneys are permitted a limited number of "peremptory"   challenges to various jurors (or an unlimited number of challenges   for good cause);

         5. after twelve (or eight) acceptable jurors remain, the Judge   administers an oath to the jury and reads basic instructions about   the trial process, etc.;

         6. the Prosecutor gives an opening statement to out line his case and   evidence to the jury;

         7. the defense may give a similar opening statement, or wait until   later in the trial;

         8. the Prosecutor calls his witnesses, which the defense may cross   examine the witnesses;
         
         9. the State rests its case.
         
         10. the defense may call witnesses, if it wants, and the Prosecutor may   cross-examine them;
         
         11. the defense rests.

         12. the Prosecutor may present "rebuttal" witnesses/evidence to   challenge evidence presented by the defendant during his proofs;

         13. the Prosecutor rests;
         
         14. the Prosecutor presents a closing summary to the jury;

         15. the defense attorney presents a closing summary to the jury;

         16. the Prosecutor may present a rebuttal argument to the jury to   respond to the defendant's attorney's closing summary;

         17. the judge gives the jury detailed legal instructions about the   charged crimes, the deliberation process, etc.;

         18. the jury deliberates and returns a verdict.