After the government concludes its case-in-chief, the defense can present its own evidence in the same proactive manner. However, in some cases the defense may choose not to present a "case-in-chief," instead deciding to make its key points through cross-examination of the government's witnesses, and challenges to its evidence.

Once the prosecution and defense each have had an opportunity to present their case and to challenge the evidence presented by the other, both sides "rest," meaning that no more evidence will be presented to the jury before closing arguments are made.

Closing Arguments

Similar to the opening statement, the closing argument offers the government and defense a chance to "sum up" the case, recapping the evidence in a light favorable to their respective positions. This is the final chance for the parties to address the jury prior to deliberations, so in closing arguments the government seeks to show why the evidence requires the jury to find the defendant guilty. In turn, the defense tries to establish that the government has fallen short of its "burden of proof," so that the jury must find the defendant "not guilty."

Jury Instruction

After both sides of the case have had a chance to present their evidence and make a closing argument, the next step toward a verdict is jury instruction -- a process in which the judge gives the jury the set of legal standards it will need to decide whether the defendant is guilty or not guilty.

The judge decides what legal standards should apply to the defendant's case, based on the criminal charges and the evidence presented during the trial. Often, this process takes place with input and argument from the prosecution and defense. The judge then instructs the jury on those relevant legal principles decided upon, including findings the jury will need to make in order to arrive at certain conclusions. The judge also describes key concepts, such as "guilt beyond a reasonable doubt," and defines any crimes the jury may consider, based on the evidence presented at trial.

For example, if the defendant has been charged with voluntary manslaughter, the judge may:

• Define the elements of voluntary manslaughter, the charged crime;

• Define the elements of related crimes such as involuntary manslaughter and second-degree murder; and

• Set out the findings the jury would need to make in order to convict the defendant of each of those crimes.

The case then goes "to the jury."