08 Feb WHAT TO EXPECT DURING A COURT CASE
WHAT TO EXPECT DURING A COURT CASE
Losing a child is an unimaginable tragedy, and when that loss is compounded by violent crime, it becomes all the harder to bear.
The journey to finding justice for your loved one is an emotionally taxing and complex process, especially as you are also having to deal with profound grief at the same time. While this added emotional turmoil can’t be avoided, your worry and stress can, at least, be reduced by understanding the legal process better and what may be expected of you during a criminal trial.
While the legal system differs from country to country, a criminal trial typically involves several stages, comprising jury selection, opening statements, presentation of evidence, witness testimonies, closing arguments, and the verdict.
Before this, however, the police first need to identify and bring charges against those believed to be responsible for the crime (see the article Dealing With The Police to learn more about how you can assist in this process) and the accused will go through one or more preliminary hearings, which are held in private and without witnesses in order to avoid the risk of prejudicing the case.
It is during these preliminary hearings that it will be decided whether the accused is granted bail. If you have any concerns about the prospect of the accused being granted bail then you can share these in advance with the police Family Liaison Officer (FLO) assigned to you or a victim care officer.
While it is impossible to predict exactly how long the journey from preliminary hearings to full trial will take, a case will typically reach the criminal court within a year. Obviously, there will only be a trial if the accused pleads that they are not guilty.
In my case, I never had to go through a court case as the man responsible, my ex-husband Mario, took his own life in prison rather than face justice.
Even so, the legal process seemed very slow, bureaucratic, and complicated. It took months alone for the court to decide that Mario would be denied bail.
Having used to love CSI on TV, it took me a little while to realise that things are never as fast in real life. Like everything, I just had to hurry up and wait. This was easier said than done as I felt that I needed answers to my questions but it was a great lesson in letting go and being patient.
Once the trial is underway, you will typically be able to attend most court proceedings. Unless you are giving evidence, you and other family members and friends will sit in the public gallery. You are expected to be quite and composed while in attendance. This can be difficult given the intense emotions you will feel but it is important to remember that outbursts or disruptions can negatively impact a trial and may even jeopardise the pursuit of justice, which is the last thing you want to happen. You can, however, choose to leave the court for a short while if you find yourself becoming overly distressed.
As a trial will, by necessity, examine what happened to your loved one, you need to be aware that of the potentially huge emotional toll of having to revisit the traumatic events. To ensure that you are as emotionally prepared as you can be, don’t be afraid to seek support from your family, friends, therapist, or other support network. This is never a sign of weakness and may be a necessary step towards maintaining strength throughout the trial.
Engage with the Legal Process
As a trial will, by necessity, examine what happened to your loved one, you need to be aware that of the potentially huge emotional toll of having to revisit the traumatic events. To ensure that you are as emotionally prepared as you can be, don’t be afraid to seek support from your family, friends, therapist, or other support network. This is never a sign of weakness and may be a necessary step towards maintaining strength throughout the trial.
It is important to engage a legal professional specialising in criminal law, a lawyer, to help guide you through the complexities of the legal system and to ensure that your rights are protected during the trial. Such a professional will not only give you a voice in court but will help you manage the trauma of the trial. Depending on your financial situation and location, you may be able to secure legal aid to pay for this legal representation.
During the trial, be prepared to actively communicate with the prosecuting team assigned to the case. Sharing any relevant information or concerns can assist in building a stronger case against those accused. While the legal professionals are responsible for handling the legal aspects, you can contribute by providing insights into your child’s life, their character, and the terrible impact of the crime on you and your family.
In many jurisdictions, and if the accused is found guilty of the crime, you will have the opportunity to deliver a victim impact statement during the sentencing phase. If so, this is a powerful opportunity to share the emotional and physical impact of the crime on your lives. Preparing a thoughtful statement can be emotionally difficult but many parents find it to be cathartic as well as influential in the sentencing decision and in delivering the justice you wish to see.
Regardless of the trial’s outcome, it’s important to be prepared for various verdicts. Acquittal, conviction, or a hung jury can all elicit a range of emotions. Seeking support and maintaining open communication with your lawyer or other legal representative can help you better navigate the aftermath of the trial.
In the face of tragedy, the road to justice is long and arduous but with the right support and guidance you will find the strength to secure justice and, with it, bring some sense of closure.
KEY TAKEAWAYS
- Familiarise yourself with the stages of a criminal trial. Knowledge of the legal process can help reduce stress and uncertainty during the proceedings.
- If you have concerns about the accused being granted bail, communicate them to the police Family Liaison Officer (FLO) or victim care officer assigned to you.
- Acknowledge that the legal process may be slow and bureaucratic. Understand that obtaining answers and resolution takes time. Practicing patience is essential.
- Given the potential emotional toll of the trial, seek support from family, friends, therapists, or support networks to help you emotionally prepare for the proceedings.
• Engage a legal professional specialising in criminal law, particularly homicide cases. A skilled attorney can guide you through the complexities of the legal system, protect your rights, and provide a voice in court. - Actively communicate with the prosecuting team during the trial. Share relevant information and concerns to contribute to building a stronger case against the accused.
- Be emotionally prepared for different trial outcomes. Seek support and maintain open communication with your lawyer or legal representative to navigate the aftermath of the trial, regardless of the verdict.
