The trial of a criminal defendant in the United States

Abstract

There are basically two categories of crimes in the United States - misdemeanors and felonies. A felony is a serious crime for which the law has provided a possible penalty of at least a year in prison or the death penalty. The offense is a felony even though the defendant ultimately receives a sentence of less than a year in prison. A misdemeanor is a less serious crime for which the severest possible penalty the judge may impose under the law is less than a year in prison. This article will discuss how a felony trial is conducted in the United States. Misdemeanors are tried in a similar - but less formal - manner. In discussing how a criminal felony trial is conducted in the United States, one must keep in mind that there are 51 separate sets of laws setting forth both trial procedures and substantive criminal laws. Each state and the federal government has its own set of laws which govern the particular jurisdiction. Thus, conceivably what may be a crime in one state may not be so in another. Also, the sentence for a crime in a particular state will likely differ from a neighboring state. And, of course, each state provides for its own procedural and evidentiary rules and regulations for the conduct of a criminal trial. Nevertheless, these factors notwithstanding, there are certain basic procedures applicable to all jurisdictions in the United States - and it is these common methods of trial in America that are discussed below.