This document provides a guide for reporters covering courts, outlining the key processes in both civil and criminal courts. It details the stages of criminal cases, including arraignment, preliminary hearings, grand jury proceedings, plea bargaining, and jury selection. The document emphasizes the importance of jury selection and the various motions that can be made throughout the trial process.

1. Justice for all?
A beginning reporter’s guide to the
courts
Source: Melvin Mencher’s News Reporting and Writing

2. Types of courts
• Reporters may cover civil or criminal cases.
• Civil courts handle lawsuits, such as recovery
for property damages, personal injury and
breach of contract.
• Civil courts can also issue orders compelling
individuals, organizations and government
bodies to refrain from action, i.e. preliminary
injunctions.

3. Criminal Courts
• Most new police and court reporters will
quickly be faced with covering the criminal
court process.
• This process kicks in after arrest and consists
of pre-trial and trial periods.
• The pretrial period has four phases:
Arraignment, preliminary hearing, grand jury
action and jury selection.

4. Arraignment
• Arraignment: The defendant is told what
he/she is charged with, counseled about
having the right to an attorney and offered the
opportunity to enter a plea.
• A prosecutor may, at this point, decide to
reduce a felony charge to a misdemeanor. If
that happens, the case can often be wrapped
up right there.

5. Arraignment/Preliminary Hearing
• If the defendant pleads guilty to a felony, the
case is referred to a higher court.
• If the defendant pleads not-guilty to a felony,
the case is referred to the appropriate court
for a preliminary hearing.
• If the defendant waives his right to a
preliminary hearing, the case goes to a grand
jury. Felonies are handled by district, superior
or circuit courts (name depends on the state).

6. Preliminary Hearing
• This is where a judge decides if there is
reasonable grounds, or probable cause, to
send the case to a grand jury.
• The defendant may seek to have the charges
reduced through plea bargaining. For lesser
charges, the prosecutor will often agree.
• For more serious charges or if the defendant
has a prior record of serious crime, the case
will likely go to a grand jury.

7. Grand Jury
• In half the states, criminal defendants are
brought to trial via a grand jury. If a grand jury,
made up (usually) of 23 citizens, decides there is
enough evidence to move forward, it issues an
indictment, also called a true bill.
• If not, the grand jury issues a no bill.
• A grand jury hears only the state’s (or
prosecution’s) evidence. The prosecutor can
move forward with charges even if a no bill is
issued.

8. Alternatives to Grand Jury
• In 20 states the prosecutor files a charge
called an information A judge hears witness
testimony at a preliminary hearing and then
decides if there is cause for a trial.
• In a few states, a prosecutor files affidavits to
support the charge. A judge then decides
whether to move forward with a trial.
• Which system does Texas have?

9. Rearraignment, Plea bargain,
• At rearraignment, the proceeding that comes
after indictment. A judge empowered to hear
felony cases presides. If the defendant pleads
not guilty, trial date and bail are set.
• Defendants may continue to plea bargain. In
NYC, three-fourths of all murder arrests are
plea bargained. In many cities, nine out of 10
criminal cases result in a plea bargain. Why?

10. Pre-trial motions
• Motion to quash the indictment: Challenges
the legality of the indictment.
• Motion for a bill of particulars: Asks for more
detail about the charges.
• Motion to suppress evidence: May argue that
it was obtained illegally or improperly.
• Motion for change of venue: Argues that the
defendant cannot receive a fair trial in the city
or judicial area where the crime took place.

11. The Jury
• Trials rise and fall on jury selection.
• Citizens service on juries. The names of
potential jurors are chosen randomly from a
jury list. The names come from tax rolls,
driver’s license files, voting lists, etc.
• Twelve jurors and some alternates are chosen
by defense attorneys and prosecutors. Each
side gets to challenge the selection of jurors.

12. Selecting Jurors
• Two types of challenges: Peremptory, meaning
no reason needs to be given for the challenge;
for cause, when a specific reason is given. Can
you think of a reason an attorney might want
to challenge the choice of a particular juror for
cause?
• Each side is usually limited to 10 peremptory
challenges. The judge decides the numbers of
challenges for cause.

13. The Trial
• Opening Statements: Each side presents its
case.
• Direct Examination: The prosecution presents
its case via witness testimony and evidence. If
a judge decides the state has failed to make its
case, she can dismiss it right there.
• Cross Examination by Defense: Is….?
• Redirect Examination: Prosecutor gets another
turn.

14. Motions, Rebuttal
• The defense may make a motion asking for a
“direct acquittal.”
• Cross Examination by Prosecutor: The
prosecutor may cross examine the defense
witnesses.
• Redirect Examination by Defense: The defense
can come back and ask more questions if it
thinks the state has managed to weaken the
defense case.

15. Rebuttals
• Both sides get rebuttals. Witnesses may be
recalled to the stand. New rebuttal witnesses
may be called, but not without the judge’s
permission.
• Summations: These are the closing arguments
offered by both sides.
• Charge to Jury: The judge issues instructions
to the jury. The jury must follow the law.

16. Verdict and Sentence
• Criminal trial: The jury’s verdict must be
unanimous. If a jury cannot come to a unanimous
decision, the judge declares a mistrial.
• The sentence may be pronounced immediately or
later if the judge asks for a sentencing report (i.e.
more information).
• The verdict story must include: Specific charges of
conviction, length of possible sentence, time the
jury deliberated, a summary of the trial.