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Sessions 3: Trial

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During my third week, I was placed in Trial which located in session 3. There are two different types of trials which are bench trials and jury trials. A bench trial can only be held if the prosecution and defense agree. During a jury trial, the judge presides while the jury is the fact finder. The jury consists of 6-12 residents that are questioned and then chosen with care. Once all parties have been sworn that indicates that the trial has begun. It begins with an opening statement from one or both parties. The opening statement introduces what both sides expect the evidence to show. The prosecution may call a witness to testify which starts with a direct examination. Direct examination is used to question witnesses in order to improve parties position. The defense attorney will have the chance to cross-examine in order to question the witness hoping to discredit their testimony. The state has to prove that someone has committed a crime, therefore the defense does not have to present their case. If other parties such as the client or any potential witnesses do not want to testify then each side will present closing statements. Closing statements reiterate the important argument of the facts and the opportunity to persuade the jury. The jury will review privately until they reach a verdict. If the jury finds the client guilty, then the judge will proceed and impose sentencing. If the jury finds the client not guilty, then the case will be dismissed. 

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