Trial Proceedings

The state starts by presenting its evidence and witnesses which is known as "Case in Chief" or "Direct Case." The defense is able to check the evidence through cross-examination of the State´s witnesses. When the State has given all the evidence it wants, the State "rests." After the State has rested the defense might ask the court for dismissal if there is lack of evidence, but it is hardly ever approved. The defense is then able to present evidence and testimony but does not have to.

The accused defendant might want to testify on his own defense, but can not be forced to do so.

The state and defense may each do a "rebuttal" testimony going after the other party´s evidence. Once a rebuttal is done, the case and the evidence is closed.

The defense is then able to ask the judge to discharge one or all charges on the basis that there is not enough credible evidence to support a verdict. At the close of the case the parties hand in requests for written "jury instructions" which are given to the jury. These instructions give a rundown of applicable law and things that the jury must decide beyond reasonable doubt before there can be a guilty verdict. The courts look over the Jury instructions and determine which ones will be used.

The court then sends them to the jury before the two parties make their closing arguments.

The two parties then make their closing arguments or "summation" to the jury. In Wisconsin the State gives the first closing argument. Then the defense gives their closing argument although the prosecutor has the final word. The defense may not make a closing argument or have a very short one otherwise the State would not be able to make a second closing argument afterwards.

Extra or alternate jurors are either eliminated or asked to stay incase one of the jurors would become ill.

The jury then is shown how to pick their foreman and perform their deliberations.

The jury goes to a separate room to start their deliberations. A copy of the written jury instructions is presented to them. They are also able to refer to nearly all the exhibits brought up in the trial.

The jury has to all agree on a verdict. Once they do so, they give the court their verdict in writing and then are brought back to open court to give the verdict.

Once the verdict is proclaimed the judge asks each juror to confirm the verdict as his or her own. After the verdict is accepted, the jurors are released by the court.

The court then goes into judgment on the verdict.

If the jury was not able to all agree on a verdict the judge is able to allow a mistrial on the basis of a "hung" jury, and then find out if the prosecutor is going to redo the case. Depending on the verdict, the defendant is either completely released, released on a bond awaiting sentencing, or sent back into custody, in expectation of a sentencing date.