The prosecution rests its case
Let us go back to events prior to these decisive words. The defendant is in the dock and is being tried for a crime for which he has been charged. The prosecutor calls witnesses one by one to testify and he obtains the evidence by posing questions to them. These questions are asked against the background of other statements made in a deposition prior to the trial. The examination of witnesses by the prosecutor is known as the examination-in-chief. Physical evidence as well could be introduced through the witnesses during the examination-in-chief. These are known as exhibits. After the examination-in-chief, the defence questions or cross-examines the witnesses.
The duty of the prosecutor is to prove beyond a reasonable doubt that the accused committed the crime because a person is presumed to be innocent until proven guilty. This is the usual burden of proof in a criminal matter.
A crucial decision
If the prosecutor has no more evidence to offer, he makes the crucial decision to inform the court that he has completed his task. He does this by resting his case. At this juncture the defence could use the opportunity to ask the court to dismiss the charges against the defendant, because the evidence presented did not prove the guilt of the accused beyond a reasonable doubt.
The defence takes the stand
If the judge does not dismiss the matter, then the defence must try to convince the jury that the accused is not guilty of the crime charged. The defence does this by bringing witnesses to refute the prosecutionâs evidence. The defendant himself could choose to take the stand to present evidence in his defence. However, in many cases, a defendant, especially in a murder case, chooses not to take the stand for fear of intense cross-examination by the prosecutor. The defence does not have the burden to prove the case (except for insanity), but only to punch holes in the prosecutionâs case, so as to put sufficient doubt in the minds of the jurors. A panel of jurors will determine if the defendant is guilty beyond a reasonable doubt or not guilty. The jurors must make their decision based on the evidence in court and not on what was heard from persons outside the court or from the media. The judge would remind the jury about this. For a murder case, the decision must be unanimous, that is, all the jurors must agree or disagree on the decision. The jury must return its verdict to a judge in open court and the court will deliver a judgment. The judgment is the final order in the case.
Ada Johnson is a solicitor and barrister-at-law.
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