Trump Trial: From opening statements to jury deliberation, a look at all the steps from start to finish

Trump Trial: From opening statements to jury deliberation, a look at all the steps from start to finish
Donald Trump's hush money case is the first of four ongoing criminal cases scheduled to go to trial (Getty Images)

Here's how Donald Trump's hush money trial is set to proceed

NEW YORK, NEW YORK - NOVEMBER 06: Former President Donald Trump exits the courtroom after testifying at his civil fraud trial at New York State Supreme Court on November 06, 2023 in New York City. Trump testified in the civil fraud trial that alleges that he and his two sons Donald Trump Jr. and Eric Trump conspired to inflate his net worth on financial statements provided to banks and insurers to secure loans. New York Attorney General Letitia James has sued seeking $250 million in damages. His sons testified in the trial last week and his daughter Ivanka Trump is scheduled to testify on Wednesday after her lawyers were unable to block her testimony. (Photo by Michael M. Santiago/Getty Images)
Donald Trump stands accused of falsifying business records to conceal hush money payments (Michael M. Santiago/Getty Images)

Former President Donald Trump is embarking on his first criminal trial, commencing on Monday, April 15. The trial, anticipated to span six to eight weeks in its entirety, starts with the meticulous process of jury selection. Trump's legal saga pertains to a payment made to Stormy Daniels ahead of the 2016 election to stay silent about their alleged affair. The hush money case is the first of four ongoing criminal cases scheduled to go to trial for the White House hopeful. To better comprehend the unfolding proceedings, here are the steps of a criminal trial:

1. Jury call

NEW YORK, NEW YORK - APRIL 21: A projection that reads
Donald Trump is the first former US president to face a criminal trial (Roy Rochlin/Getty Images for Public Citizen and Not Above The Law Coalition)

On April 15, hundreds of potential jurors residing in New York County are summoned to appear at Manhattan Criminal Court for jury duty in the high-profile criminal trial. Ultimately, the pool is whittled down to 12 jurors plus a few alternates. 

2. Voir dire

Flanked by attorneys, former U.S. President Donald Trump appears in the courtroom for his arraignment proceeding at Manhattan Criminal Court on April 4, 2023, in New York City. (Photo by Seth Wenig-Pool/Getty Images)
Donald Trump has repeatedly claimed that he can't get a fair jury in New York (Seth Wenig-Pool/Getty Images)

At this stage of the trial, the judge and attorneys engage in a meticulous process of questioning prospective jurors about their backgrounds and beliefs. This interrogation aims to ascertain their capacity to render fair and impartial judgments. If the judge identifies a valid reason that renders a prospective juror unfit for service, they can be dismissed for cause. Additionally, both sides of the legal proceedings possess peremptory strikes, granting them the authority to remove potential jurors from the panel without having to provide a specific justification, as per CNN

3. Jurors sworn in

NEW YORK, NEW YORK - JANUARY 11: Former U.S. President Donald Trump exits the courtroom for a break during his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City. Trump won't make his own closing arguments after his lawyers objected to Judge Arthur Engoron's insistence that Trump stay within the bounds of
Donald Trump faces 34 felony counts of falsifying business records in the hush money case (Michael M Santiago/Getty Images)

After the jurors and alternate jurors are chosen, they are administered an oath, committing to adjudicate the case with fairness and impartiality. Following this solemn pledge, the judge issues stringent instructions, prohibiting jurors from engaging with media coverage of the trial or conversing about the case with anyone, including fellow jurors, until deliberations are initiated. These directives are aimed at ensuring that the jury's decision is based solely on the evidence presented in court.

4. Opening statements

NEW YORK, NEW YORK - JANUARY 11: Former U.S. President Donald Trump speaks as he leaves the courtroom during his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City. Trump won't make his own closing arguments after his lawyers objected to Judge Arthur Engoron's insistence that Trump stay within the bounds of
Donald Trump's hush money trial can last six to eight weeks (Michael M Santiago/Getty Images)

During this phase of the trial, attorneys representing both the prosecution and the defense outline their respective theories of the case and present an overview of the charges. They offer a preview of the evidence they intend to present to the jury, including witness testimonies and exhibits. It's essential to note that the opening statements delivered by the attorneys do not constitute evidence for the jurors to consider. Instead, they serve as a roadmap, providing context and framing the narrative for the trial proceedings.

5. Prosecution’s case

NEW YORK, NEW YORK - APRIL 19: Former U.S. President Donald Trump speaks to the media at the end of the day during his criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Maansi Srivastava - Pool/Getty Images)
Donald Trump has claimed the prosecutors in his hush money case are politically motivated (Maansi Srivastava - Pool/Getty Images)

Throughout the trial, prosecutors will present evidence through witness testimonies and exhibits, aiming to substantiate their case against the defendant. Moreover, during the presentation of evidence, defense attorneys have the opportunity to cross-examine the prosecution's witnesses. Through rigorous questioning, they often seek to challenge the credibility or reliability of the testimony offered by these witnesses. It's important to note that while witnesses' responses are considered evidence, the questions posed by attorneys are not.

6. Defendant’s case

NEW YORK, NEW YORK - APRIL 19: Trump attorney Todd Blanche looks on as former U.S. President Donald Trump speaks to the media at the end of the day during Trump's criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Mark Peterson - Pool/Getty Images)
Todd Blanche joined Donald Trump's defense team in April 2023 (Mark Peterson - Pool/Getty Images)

In a criminal trial, the defendant has the option to present a defense, but they are not obligated to do so. In Trump's case, it's anticipated that he will call at least one witness to support his defense. However, Trump himself is not required to testify, as all defendants have the right to remain silent and decline to take the stand in their own defense. Importantly, the jury is instructed not to interpret the defendant's decision not to testify as an indication of guilt or innocence.

7. Prosecution’s rebuttal case

NEW YORK, NY - APRIL 16: Adult film actress Stormy Daniels (Stephanie Clifford) arrives at the United States District Court Southern District of New York for a hearing related to Michael Cohen, President Trump's longtime personal attorney and confidante, April 16, 2018 in New York City. Cohen and lawyers representing President Trump are asking the court to block Justice Department officials from reading documents and materials related to his Cohen's relationship with President Trump that they believe should be protected by attorney-client privilege. Officials with the FBI, armed with a search warrant, raided Cohen's office and two private residences last week. (Photo by Yana Paskova/Getty Images)
Donald Trump's hush money trial revolves around a supposed payment made to Stormy Daniels (Yana Paskova/Getty Images)

During the trial, prosecutors are able to present additional evidence designed to counter the arguments put forth by the defense. This evidence is specifically tailored to address the defense's case and can be used to strengthen the prosecution's position. However, the prosecution is not obligated to present any rebuttal evidence.

8. Closing arguments

NEW YORK, NEW YORK - APRIL 19: Former U.S. President Donald Trump (R) sits with his attorney Todd Blanche (L) during his criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Mark Peterson - Pool/Getty Images)
Former President Donald Trump (R) with his attorney Todd Blanche (L) (Mark Peterson - Pool/Getty Images)

In the final stages of the trial, both the prosecution and defense deliver closing arguments, aiming to persuade the jury before they begin to deliberate on the case. Prosecutors, having the burden of proof, present first, followed by the defense. The prosecution then has a chance for rebuttal after the defense's closing.

9. Jury instruction

NEW YORK, NEW YORK - APRIL 19: Former U.S. President Donald Trump speaks to the media at his criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is first former U.S. president to face trial on criminal charges. (Photo by Mark Peterson - Pool/Getty Images)
Donald Trump's defense team will need to disprove the evidence brought forward by the prosecutors (Mark Peterson - Pool/Getty Images)

Before the jury begins their deliberations, the judge provides them with instructions regarding the charges against the defendant and the legal principles that should guide their decision-making process. These instructions outline the specific laws applicable to the case and clarify the elements that the prosecution must prove beyond a reasonable doubt for each charge. It's a crucial moment where the jury receives guidance on how to apply the law to the evidence presented during the trial.

10. Jury deliberation

NEW YORK, NEW YORK - APRIL 19: Former U.S. President Donald Trump speaks to the media at the end of the day during his criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Maansi Srivastava - Pool/Getty Images)
Donald Trump's fate ultimately rests in the hands of the 12 meticulously selected jurors (Maansi Srivastava - Pool/Getty Images)

During deliberations, jurors carefully assess the evidence presented during the trial and the charges against the defendant. Their decision must be unanimous, meaning all 12 jurors must agree on a verdict. The panel is provided with all the evidence admitted during the trial and may request to review specific witness testimonies by having them read back. Additionally, jurors can communicate with the court and ask questions about the case through handwritten notes. When a question is posed by the jury, the parties convene to determine the most appropriate response. At the outset of deliberations, alternate jurors may be dismissed or kept under oath and sequestered, ready to replace a juror on the main panel if necessary.

11. Verdict

NEW YORK, NEW YORK - APRIL 19: Former U.S. President Donald Trump speaks to the media as attorney Todd Blanche looks on at the end of the day during his criminal trial as jury selection continues at Manhattan Criminal Court on April 19, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Mark Peterson - Pool/Getty Images)
Donald Trump has denied all accusations brought against him in the hush money case (Mark Peterson - Pool/Getty Images)

Once the jury reaches a verdict, they inform the court of their decision. It's then read aloud in court, and each juror is individually polled to confirm that the announced verdict aligns with their own vote. However, if the jury finds themselves deadlocked during deliberations, indicating an inability to reach a unanimous decision, the judge may instruct them to continue deliberating in pursuit of a consensus. This encouragement can occur at least once in an attempt to resolve the deadlock. In the event that the jury remains stalled and unable to reach a unanimous verdict, the judge may declare a mistrial, also known as a hung jury.

12. Sentencing

NEW YORK, NEW YORK - APRIL 18: Former U.S. President Donald Trump gestures as he walks out during a recess in his criminal trial as jury selection continues at Manhattan Criminal Court on April 18, 2024 in New York City. Trump was charged with 34 counts of falsifying business records last year, which prosecutors say was an effort to hide a potential sex scandal, both before and after the 2016 presidential election. Trump is the first former U.S. president to face trial on criminal charges. (Photo by Brendan McDermid-Pool/Getty Images)
Donald Trump could face four years in prison if found guilty in the hush money case (Brendan McDermid-Pool/Getty Images)

Upon reaching a guilty verdict, the judge proceeds to sentence the defendant. This typically occurs following a sentencing hearing, which may take place at a later date. During the sentencing hearing, the judge considers various factors, including the nature of the crime, the defendant's criminal history, and any mitigating or aggravating circumstances presented by both the prosecution and the defense. Ultimately, the judge determines the appropriate punishment for the convicted individual.

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