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In a criminal trial, a jury examines the evidence to decide whether, "beyond a reasonable doubt," the defendant committed the crime in question. Judge or jury trial Jury selection Evidence issues Opening statements Prosecution case-in-chief Cross-examination Prosecution rests Motion to dismiss (optional)A juror's duty is complete when the verdict is recorded. Proceedings Outside Hearing of Jury. The job of the judge or jury is to decide which facts are correct. This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. The Judicial Process. Criminal cases differ from civil cases. Criminal cases differ from civil cases. If there is no jury, the judge makes a decision on the case.