Understanding Utah courts: A criminal trial

Understanding Utah courts: A criminal trial

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Editor's note:This article is the second of a five-part series comparing the criminal justice system as portrayed on television and movies and what really happens in the real world.SALT LAKE CITY — Everyone’s seen a good crime or court drama, but how accurate are TV show criminal trials in comparison to real ones?

"Dexter," a crime drama in which the main character is both a forensic analyst and a serial killer, provides a good look into the criminal justice system. Dexter’s job, in particular, involves analyzing evidence and presenting it in a court of law (generally as a witness for the prosecutor). Forensic analysis, though very preeminent in court cases in "Dexter," is just one small part of arguing a criminal trial.

Take a look at the other important elements of a criminal trial in the state of Utah:

Jury selection

In Fox TV’s "New Girl," main character Jess finds herself up for jury duty at the same time as she’s offered a promotion. She considers lying about her personal biases to get out of jury duty but elects to follow through instead out of a sense of civic responsibility.

According to deputy Utah County attorney Chad Grunander, the first step in a trial (after all pre-trial events) is selecting a jury. Utah Courts states that a panel of prospective jurors will be called by the clerk before the trial starts, and the judge (and sometimes the lawyers) will ask all potential jurors screening questions about their background and general beliefs to determine any biases or prejudice.

Grunander explained that they are trying to expose any potential biases or prejudices among the potential jurors which may rule them out. This prevents people who have already heard about and formed an opinion on the case, people with racial biases, and people who may have past experiences influencing their decisions from being able to participate as jurors.

Essentially, according to Grunander, they’re looking for individuals with a blank slate who will hear the evidence and draw unbiased conclusions.

Once the selection process is complete, the jury will be sworn in and given preliminary instructions on the law involved in this case by the judge. Then the trial can begin.

Opening statements

When the trial starts, according to Utah Courts, each side will have their attorney make statements informing the court and jurors what evidence they will present, what the case is about, and the facts they will try to prove. The defense can choose not to make a case, or wait to make an opening statement until after the prosecution has rested its case if they so choose.

Prosecution evidence and witness

According to Grunander, in a criminal case, the prosecuting attorney will always give their evidence and witnesses first. This is where "Dexter" would come in with his forensic analysis.

The prosecution will make its testimony utilizing physical evidence and witnesses. The prosecutor and plaintiffs may call their witnesses for direct examination and question them about what they know about the crime or injury. The defense is also free to question the same witness for cross-examination, which the prosecution can then follow with a re-examination (or redirection) of their witness. They will also introduce any relevant documents, pictures and other exhibits of physical evidence.

Defense evidence and witness

Remember the first episode of "How to Get Away with Murder"? Renowned criminal defense attorney Annalise Keating is teaching her class of freshman law students and challenges them to come up with inventive solutions to argue for defendants in criminal cases. They explore all possible options — anything that might give even the illusion of innocence in court ought to be considered. The job of the defense attorney is to cast doubt on the prosecution’s story and back up the defendant’s.

“The defense doesn’t have to but they will oftentimes present their point of view,” Grunander explained. If they so choose, the defense will call witnesses and seek to both disprove the prosecutor’s case and prove their own case. The prosecutor/plaintiff may cross-examine the witnesses, and the defense can then follow up and re-examine their witnesses.

Related:

Rebuttal

According to Grunander, once the defense has finished presenting their witnesses and evidence, the prosecution will have another chance to call witnesses and rebut any new information that may have been introduced by the defense. The judge may allow further rebuttal from the defense as well.

Jury instructions

Prior to closing arguments, the judge carefully tells jurors what law they are to follow, Grunander explained. In a criminal case, the defendant needs to be decided guilty beyond a reasonable doubt in order to get convicted.

Closing arguments

Both attorneys will summarize their evidence and testimony in a final effort to persuade the judge or jury in favor of their client, Grunander explained. The prosecution will go first, then the defense, and lastly, the prosecution has one more chance to respond to the defense’s closing arguments.

Jury deliberation

Next, the jury will retire to the jury room for deliberation. They will determine whether the individual should be acquitted or sentenced with a guilty verdict.

Verdict

The verdict must be unanimous and given in court with the defendant present, according to Utah Courts. In a criminal case, there are four possible verdicts: guilty, not guilty, not guilty by reason of insanity, or guilty and mentally ill. If the jury can’t agree, then the judge will declare either a mistrial, a new trial, or a “hung” jury.

Sentencing

After a guilty verdict (or having pleaded guilty), the defendant must be sentenced in no less than two and no more than 45 days after their conviction. If they want, they can waive that period of time and be sentenced on the day they receive their conviction.

Oftentimes, if the defendant was not in custody and the jury returned a guilty verdict, the defendant is taken into custody at that time (violent crimes), Grunander explained. He added that Utah County Jail, specifically, has a couple of days during the week where they take prisoners up to the prison. They don’t usually go from the courthouse immediately to the prison unless they had already been there prior to trial. Conviction usually involves a day or two at the county jail before they will be moved to a state or federal facility.

In the United States, the criminal justice system relies on an “adversarial system” rather than the “inquisitorial system” popular among many nations around the world, according to Grunander. In an inquisitorial system, the judge is also the prosecutor and injustices may occur as a result. In the United States, there’s a prosecutor representing the state and a defense attorney representing the defendant in an attempt to offer checks and balances.

OK, so "Law & Order" and "Dexter" don’t represent criminal trials with perfect accuracy. They still help viewers begin to understand a legal structure which Grunander considers to be “the best system in the world”.

Check in next Wednesday for an explanation of what happens after sentencing.

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Cara MacDonald for KSLCara MacDonald
    Cara MacDonald enjoys both engaging in outdoor recreation and writing about it. Born and raised in Utah, Cara enjoys skiing, rock climbing, hiking and camping. She is passionate about both learning about and experiencing the outdoors, and helping others to learn about and explore nature. She primarily writes Outdoors articles centering around wildlife and nature, highlighting adventure opportunities, and sharing tips and tricks for outdoor recreation.
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