Trials, Basic Trial Procedure & Common Crimes

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Trials, Basic Trial Procedure &

Common Crimes
By almost any measure, the United States is the most litigious country in the world. If
you ever find yourself in the position of being involved in a trial, you should make sure
you know what will be involved. Therefore, Legal Language Services has provided you
with information to give you a general overview on the United States court and trial
systems.
Legal Language Services can translate any documents or transcribe any tape or digital
media you may need for evidence in your trial. LLS can also certify our translations
and transcriptions so they will be acceptable for submission in any trial in the United
States or abroad.

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Trials, Basic Trial Procedure &

Common Crimes
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With the complicated legal system the United States has, you should always make sure
to have an attorney to help navigate the loopholes and legalese you will no doubt
encounter. If you need to find an attorney for an upcoming trial or legal question, you
can search Legal Language Services extensive attorney database for FREE to locate
one in your area.

Types of Trials

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There are many kinds of trials that take place in United States courtrooms every day.
All trial types, however, can be categorized into 4 different case types: civil, criminal,
juvenile and traffic.
Civil Case A trial that consists of a disagreement between two or more people
or businesses. Examples: disputes between a landlord and tenant, divorce
actions, small claims cases and a case where one person is suing another for
damages.
Criminal Case A trial involving a person who has been accused of committing
either a misdemeanor or a felony offense.
Juvenile Case A trial that usually involves a minor who is under the age of
seventeen. Juvenile cases are heard by the family division of the circuit court.
There are three types of juvenile cases: juvenile delinquency, child protective
hearings and traffic cases.
Traffic Case This is the most common type of trial, related to a traffic violation.
A traffic violation can be considered either a civil infraction or a misdemeanor.

Basic Trial Procedure

1. Selection of a Jury Jurors are selected for a trial from a pool of available jurors.
The judge and attorneys question prospective jurors to find out if a juror has a personal
interest in the trial, or a prejudice or bias that may influence them during the course of
the trial. The attorneys may challenge undesirable jurors and ask that they be excused
from the trial.
2. Opening Statements Each side begins the trial by outlining the proof that they will
present to the jury during the course of the trial. Opening statements are not to be
considered evidence, only the expectations of what each side hopes to prove
throughout the trial.
3. Presentation of Evidence and Testimony of Witnesses The plaintiff or
prosecution begins the trial by presenting their case first. When a witness is called to
testify in a trial, the side that called the witness first asks questions in direct
examination. The opposing side then has their opportunity to ask questions in a crossexamination of the witness. Any physical evidence: documents, weapons or
photographs, for example, are admitted numbered for identification to be presented in
the trial.
During the trial, if an attorney finds objection to a question that is being asked to a
witness, they present their objection to the judge. Questions that are objected to are of
legal technicality, and may be argued out of the trial. The judge will then let the jury
know of any pertinent information needed to make their decision, or instruct them to
disregard anything that is not relevant to the trial. The judges ruling to either sustain or
overrule an objection is decided by applying the law that either permits or does not
permit the question to be asked or answered during a trial.
When each side has presented all their evidence pertaining to the trial, they rest their
case.
4. Closing Arguments The attorneys summarize the evidence that was presented
throughout the trial and try to persuade the jury to find in favor of the client they are
representing. Since plaintiff has the burden of proof, their side has the first opportunity
to open and close the trial.
5. Presentation of Jury Instructions (Charging the Jury) The judge reads the
instructions of law to the jury, defines all issues the jurors must decide on and informs
them of the law that governs their specific trial. Jurors are not allowed to decide the
outcome of trials based on how they would like the laws to be, but rather on as the
laws are. This is the sworn duty of the jury, taken before every trial.
6. Deliberation The jury retires to a deliberation room to consider the trial and reach
a verdict. First, the jury elects a foreperson who ensures discussions regarding the
trial are conducted in a sensible and orderly fashion, all issues presented during the
trial are fully and fairly discussed, and that every juror is given a fair chance to
participate. If the jurors have a question about any part of the trial during their
deliberation, they may write it down and have the bailiff deliver it to the judge.

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Most states require that a 12-person jury find the trial in favor unanimously for either
the plaintiff or defendant. Some states, however, allow for a trials decision to be based
on a majority as low as 7. If the jury fails to reach a unanimous (or, if applicable, a
sufficient majority) verdict and finds itself at a standstill (what is known as a hung jury),
then the judge can declare a mistrial. If a mistrial should is declared, the trial may be
simply dismissed, or the trial may have to start over again from the jury selection
stage.
When a verdict for the trial has been reached, the jurors that agree with the verdict
sign the form and notify the bailiff. The clerk then reads the verdict aloud, and the judge
dismisses the jurors from the trial.

Common Crimes
Legal Language Services has set up a list of crimes and what each crime entails. This
is by no means a complete list, merely a listing of the most commonly committed
crimes. Some of the more involved crimes are accompanied with examples for
clarification.
Aiding and Abetting/Accessory Aiding and abetting or accessory to a crime is
when a person knowingly assists with the commitment of an actual crime, whether
through their advice, actions, or financial backing. The person need not be present
when the crime is actually committed to be charged with aiding and abetting or
accessory, merely involved somehow in any part of the committed crime. If the
persons level of involvement in the crime is high enough, they could be charged with
conspiracy rather than aiding and abetting or accessory.
Example: Arthur lends Bobby his car, knowing full well that Bobby will be
using the car as a getaway vehicle after Bobby robs a bank. Once Bobby
has the stolen money, Arthur agrees to let him hide the money at his
house. If Bobby is caught and charged with the robbery, Arthur could be
charged with aiding and abetting, or acting as an accessory to the
robbery.
Arson The laws of most states consider arson to be when a person intentionally sets
fire to any structure or building, most commonly a house or business. Most states
recognize varying degrees of arson. The severity depends on such factors as the
building being occupied at the time of the arson and if the arson was committed to
perpetuate insurance fraud.
Assault and Battery The crime of assault and battery is committed when someone
attempts to or actually does physically strike another person. It is also considered
assault and battery when someone acts in a threatening manner towards another
person, with the implication of physical violence. When someone attempts or actually
does cause severe injury to another person, or uses a deadly weapon, the assault and
battery is called aggravated.
Bribery Bribery occurs when there is an offer or acceptance of something of value
for influence on a government/public official or employee. Bribes can be any form of gift
or payment of money in exchange for some sort of favorable treatment, like the award
of a government contract. In most cases, the person offering the bribe and the person
accepting the bribe can both be charged with bribery.
Burglary Burglary is defined as the entry into almost any structure (not just a home
or business) with the intent to commit a crime once inside (not just theft). Although it is
often referred to as breaking and entering, no actual physical breaking is required; the
offender can even walk through an open door. Burglary differs from robbery, which
involves use of force or fear to obtain another persons property. During a burglary,
there is usually no victim present at the time of the crime.
Example: Charles enters Dianes house through an open window with the
intent of stealing Dianes jewelry. Upon hearing a car pull up, Charles
becomes nervous and leaves before he was able to grab the jewelry.
Even though Charles didnt actually take anything, he has committed
burglary.
Child Abuse Child abuse is broadly defined as any type of cruelty inflicted upon a
child, be it mental, physical or sexual abuse, neglect or exploitation. The specific
crimes can be charged in instances of child abuse, including sexual assault and assault
and battery. In many states, certain individuals and caregivers, such as doctors and
teachers, are required by law to report what they suspect may be child abuse.
Child Pornography It is a crime to produce, possess, distribute or sell pornographic
materials that exploit or portray a minor. With the leaps that technology has made, child
pornography laws are increasingly being utilized to punish those who obtain, share or
distribute pornographic material involving children over the Internet, including images
and films.
Computer Crime This is probably the crime that has seen the biggest leap of
occurrences in the shortest amount of time. Computer crime consists of a person
performing certain acts without the proper authorization, including: accessing a
computer, system or network; modifying, damaging, using, disclosing, copying or taking
programs or data; purposefully introducing a virus or other contaminant into a computer
system; using a computer in a scheme to defraud; interfering with someone elses
computer access or use; using encryption in aid of a crime; falsifying e-mail source
information; and stealing an information service from a provider.
Conspiracy A conspiracy occurs when two or more people make a plan to commit
an unlawful act, and take some type of action toward committing it. The action doesnt
have to be a crime itself; it just has to show that the people involved knew about the
plan and intended to break the law. A person can be charged with and convicted of both
the conspiracy and the crime that was originally planned.
Example: Colin, Doug, and Fran are planning a bank robbery. In the
process of their planning, they: go to the bank to plan around security;
chip in together to buy guns; and write out a letter to give to the clerk. All
three of them can be charged with conspiracy to commit robbery, even
though the actual robbery never occurred.
Credit/Debit Card Fraud Credit/debit card fraud is when someone: obtains, takes,
signs, uses, sells, buys, or forges someone elses credit or debit card or card

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information under false pretenses; uses their own card, knowing that it is not a valid
card; or takes payment from another person with the knowledge that the card being
used was illegally obtained.
Disorderly Conduct Nearly every state has a disorderly conduct law, making it a
crime to be drunk in public, disturb the peace or loiter in specific spots. There are a lot
of different types of unruly behavior that can fit the definition of disorderly conduct. The
purpose of such statutes is as a catch-all law. Police will usually charge a person with
disorderly conduct to be able to keep the peace if that person is behaving in an
undesirable way, but is of no serious danger.
Domestic Violence Domestic violence constitutes inflicting physical or mental harm
on a member of your household or family (most commonly between spouses). The
actual crime charged would vary, based on factors such as: the severity of the victims
injuries, if there was a minor present and whether a restraining order was violated in
the process.
Drug Cultivation and Manufacturing Specific drug laws make it a crime to grow or
possess plants and other natural elements used to produce unlawful controlled
substances, such as marijuana plants and seeds; and to manufacture any illegal
controlled substances like cocaine, methamphetamine, LSD and Ecstasy.
Drug Distribution/Trafficking Drug distribution/trafficking is the selling,
transportation or illegal import of any unlawful controlled substances into the United
States. Federal and state drug distribution/trafficking laws and punishments will vary
depending on the type of drug, amount, area of distribution and if minors were targeted.
Drug Possession Drug possession laws make it illegal to knowingly possess any
illegal substances (marijuana, methamphetamine, cocaine, LSD, club drugs and
heroin, for example). The laws also state that the possession of the chemicals used for
making the drugs and accessories related to drug use is also a crime. Possession of
smaller quantities is usually considered simple possession, while possessing large
amounts can result in being charged with possession with intent to distribute.
Kidnapping Kidnapping is, most commonly, taking a person somewhere against their
will, or confining a person within a specified place. If a parent has no custody rights,
they can be charged with kidnapping if they take their own child.
Manslaughter: Involuntary Involuntary manslaughter is an unintentional killing
resulting from reckless or negligent behavior, or an act that is considered a minor
felony, like a DUI. The main distinction of an involuntary manslaughter is the victims
death is unintentional.
Example: Fred gets behind the wheel of his car while intoxicated. While
driving, he starts to speed and swerve, and accidentally hits and kills a
pedestrian. Fred can then be charged with involuntary manslaughter.
Manslaughter: Voluntary Voluntary manslaughter differs from involuntary
manslaughter, in that the victims death is intentional. However, voluntary manslaughter
is not planned ahead of time. These killings are often referred to as heat of passion
murders. Circumstances that cause the killing to occur must be the kind that would
make an otherwise reasonable person to become emotionally or mentally unbalanced.
Example, George comes home from work and finds his wife cheating on
him with another man. An argument ensues, and an enraged George takes
a baseball bat from the garage and strikes the other man in the head,
killing him. Due to the circumstances, George would be charged with
voluntary manslaughter.
Murder: First Degree First-degree murder is a killing that is premeditated, meaning it
was committed after careful thought and planning.
Example: Harold is cheated out of a large sum of money by a business
partner. After planning for five days, Harold waits for his business partner
in a parking garage and shoots him. Harold would then be charged with
first-degree murder.
Most states also have what is called the felony murder rule. Under this rule, firstdegree murder is committed if a death (even accidental) results from committing certain
felonies like arson, burglary, kidnapping, rape or robbery.
Example: Sharon sets fire to a warehouse that she thought was empty.
However, the fire kills a night watchman who was unable to get out in time.
Under the felony murder rule, Sharon would be charged with first-degree
murder for the night watchmans death, even though it was accidental.
Murder: Second degree Second-degree murder is an intentional killing that is not
premeditated, nor is it committed in a reasonable heat of passion moment; or a killing
due to dangerous conduct and the killers carelessness for human life. The best way to
think of second-degree would be as somewhere between first-degree murder and
voluntary manslaughter.
Perjury Perjury laws make it illegal to knowingly tell a lie after you have taken an
oath to be truthful, most commonly when testifying in a court. Usually to be considered
perjury, the lie must be pertinent to the matter at hand, although perjury can also be
committed if you even sign a document knowing that it contains false statements.
Robbery Robbery is defined as theft through the use of actual physical force or
threat of violence against the victim. If a weapon is used or the victim is injured, the
robbery is considered armed or aggravated. Robbery, unlike burglary, requires that
there be an actual victim present who suffers injury or is threatened with harm.
Sexual Assault Specifics may vary from state to state, but sexual assault is
generally any crime that the victim is subjected to unwanted sexual touching. Common
crimes in which sexual assault can occur range from sexual groping or assault/battery,
to attempted rape.
Theft/Larceny Theft/larceny is taking almost anything of value, without the consent
of the owner. Most states have degrees of theft, like grand or petty. The degrees
usually have a relation to the value of what was taken.

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