What Happens During a Wisconsin Criminal Trial

A Wisconsin criminal trial is a structured process designed to ensure justice is served while upholding the rights of both the defendant and the state. Understanding the various stages of a criminal trial can demystify the legal proceedings and prepare individuals involved for what to expect.

1. Jury Selection

The trial begins with jury selection, also known as "voir dire." During this phase, potential jurors are called to the courtroom and questioned by the judge and attorneys. The goal is to select an impartial jury that can fairly weigh the evidence presented. Both the defense and prosecution have the opportunity to challenge potential jurors, either for cause or through peremptory strikes. After the selection, a jury of 12 members is finalized, along with a few alternates.

2. Opening Statements

Once the jury is seated, the trial proceeds with opening statements. The prosecution goes first, outlining the case against the defendant and what evidence they plan to present. The defense follows, presenting their narrative and providing an overview of their legal strategy. These statements set the stage for the trial and give the jury a framework to understand the evidence that will be presented.

3. Presentation of Evidence

The core of the trial involves the presentation of evidence. The prosecution presents its case first, calling witnesses to testify and introducing physical evidence. Each witness's testimony is subject to cross-examination by the defense, which allows for challenging the credibility and reliability of the evidence provided.

After the prosecution rests its case, the defense has the opportunity to present its evidence. The defendant may choose to testify, but this is not mandatory. If they do testify, they will also face cross-examination from the prosecution.

4. Closing Arguments

After all evidence has been presented, both sides give their closing arguments. This is the last chance for the prosecution and defense to summarize their case and persuade the jury to their viewpoint. The prosecution will reiterate the evidence that supports their claims, while the defense will emphasize reasonable doubt and any weaknesses in the prosecution’s case.

5. Jury Deliberation

Once closing arguments are complete, the jury is instructed by the judge on the relevant laws and legal standards. They then retire to the jury room to deliberate. During this time, jurors discuss the evidence and attempt to reach a unanimous verdict. If they cannot reach an agreement, a hung jury may result, which could lead to a mistrial and the possibility of a retrial.

6. Verdict

After deliberation, the jury returns to the courtroom to deliver its verdict. In criminal cases, the verdict must be unanimous for a conviction. If the defendant is found guilty, the trial moves to the sentencing phase. If acquitted, the defendant is released, and the charges are dismissed.

7. Sentencing

If the verdict is guilty, sentencing occurs, usually scheduled at a later date. The judge considers several factors, including the severity of the crime and any mitigating or aggravating circumstances before determining the appropriate sentence, which may include jail time, fines, or probation.

Conclusion

Understanding what happens during a Wisconsin criminal trial can be beneficial for defendants, victims, and others involved in the legal system. Each step—from jury selection to the final verdict—plays a crucial role in upholding justice and ensuring that the rights of all parties are protected throughout the judicial process.