A trial is a legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal.

In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case.

Jury Selection: The first phase of a jury trial involves the selection of particular jurors- a screening process which is known as "voir dire". In a criminal trial involving a felony offense, 12 jurors and up to six alternate jurors may be chosen; if the charge is a misdemeanor, a jury of six is necessary. In a case involving a civil matter, a jury will comprise of 6 jurors and usually one or two alternates.

In a criminal case, a judge will always be present during jury selection to explain the principles of law, to read the accusatory instruments, and usually to question prospective jurors.

In a civil case, the judge will normally commence the voir dire and generally oversees the selection process. However, the Judge is not required to be present for the entire civil jury selection.

The court and the attorneys for the parties may question the jurors to determine their fitness to serve in a particular case. Such questions are intended to identify whether an individual may have certain bias or personal knowledge that could influence his or her ability to judge a case objectively. While some questions may be personal in nature, they are not intended to embarrass you, even if that becomes the result. They are asked to determine if there is a reason you should not sit on a particular case.

In order to screen out those jurors who they believe would be inappropriate for a particular case, the attorneys have the right to "challenge", or eliminate a prospective juror from serving on the panel, if they offer a justifiable reason why the juror should be eliminated. The process is referred to as a challenge "for cause". There is no limit to the number of times that this challenge may be exercised.

The lawyers also have a fixed number of challenges for which a reason does not have to be given - these challenges are known as a "peremptory". A peremptory challenge is a privilege of trial counsel which may be exercised arbitrarily and without explanation. However, the number of peremptory challenges that may be used is limited by law and varies according to the nature of the case. This challenge may never be exercised in a discriminatory manner.

This questioning process continues until the attorneys for all parties are satisfied with the composition of the jury or have exhausted all challenges permitted by law.

It is necessary to choose additional people who will serve as alternate jurors in the event that an illness or other emergency requires the court to excuse a member of the trial jury. Alternate jurors are necessary to ensure a sufficient number of jurors for deliberations. Throughout the trial, all jurors will sit together and pay careful attention to the evidence. The judge will decide when to excuse the alternate jurors, usually just prior to the deliberations.

Oath & Preliminary Instructions: Once the screening and selection process results in a sufficient number of jurors and alternate jurors, an oath is administered to the jurors who have been selected. The oath is a pledge that the juror will act fairly and impartially in the role as a judge of all questions of fact. This oath obligates the juror to put aside individual emotions or opinions and to use logic and objectivity throughout the trial and the deliberations.

Following the oath, the judge will provide preliminary instructions which set out the basic responsibilities that jurors must adhere to throughout the trial. These directives include an admonition not to read or listen to news accounts of the trial, visit the scene of an alleged offense, or discuss the case with outsiders or with fellow jurors.

Criminal Trial: A criminal trial is a process for establishing whether an individual is legally guilty of a criminal offense. If a trial results in a guilty verdict for a felony offense charge, the possible punishment may include imprisonment of more than one year and in certain extremely serious cases may range in severity to include the death sentence where a defendant is convicted of murder. A trial may also be held on the basis of a misdemeanor offense charge, which covers acts for which the maximum punishment allowed by law is no more than one year imprisonment, probation, or a fine.

• Opening Statements- After the judge delivers the preliminary instructions, the assistant district attorney (prosecutor) will make an opening address to the jury outlining the charges and the evidence that will be offered to sustain the case. It is important to note that a criminal charge is only an accusation; the burden of proving that the defendant is guilty always rest with the prosecution. The attorney for the defendant is also allowed to make an opening statement but there is no obligation to do so. The defendant may choose not to speak in his or her defense at all.

• People's Direct- At this point in the trial, the prosecution will present its proof. Because the prosecutor represents the people of the State of New York, this phase of the trial is often referred to as the "People's Direct". Proof may be offered in the form of the testimony of witnesses and the introduction of physical objects or records.

• Redirect- Following questioning by the prosecutor, the defense attorney may cross-examine the witnesses by asking his or her own questions. The prosecutor may then wish to ask clarifying questions on "redirect" examination. This process continues until all the witnesses for the prosecution have testified.

• Defense Case- The defense case may involve many witnesses, possibly the defendant, or there may be no witnesses at all. This phase of the trial may also involve a sequence of questioning by the defense counsel and the prosecutor. When the defense has completed the presentation of its witnesses and the questioning is exhausted, the defense will rest its case.

• Rebuttal- The prosecutor may have a rebuttal case if a specific defense is raised. The prosecutor cannot, however, save evidence from his or her direct case for rebuttal. The defense counsel may cross examine rebuttal witnesses. The People will then rest their case.

• Summation- The defense attorney will generally deliver a summation argument and may attack the testimony or credibility of witnesses or the prosecutor's evidence or lack of evidence. The prosecutor's summation offers reasons why the evidence shows that the defendant is guilty beyond a reasonable doubt.

• Jury Instructions- At the conclusion of the summation arguments, the judge will charge the jury, or describe to the jury the law that is applicable and the elements of the crime charged. The judge also will explain legal concepts such as the "presumption of innocence", "burden of proof", and "beyond a reasonable doubt". After the judge gives these instructions, the prosecutor and the defense attorney may ask for additional instructions or they may object to those that were given.

• Opening Statements- Similar to a criminal trial, a civil trial commences with the delivery of opening statements by the attorneys for the plaintiff and the defendant, in which they explain their client's position and outline the evidence that they expect to present to support their claims and defenses. These statements are not evidence and should not be considered as such.

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