The trial is a cornerstone of a civilized society—the crucible where truth is forged and rights protected. It is a meticulous quest to uncover the bedrock of reality. Witnesses testify, documents are presented, experts are consulted—all in the relentless pursuit of justice. This pursuit may be difficult. It can take time, it is expensive and arduous, and it is emotionally draining for both plaintiffs and defendants. But it is the most essential element of a functioning legal system, because upon it rests the very legitimacy of the entire law.
The word “trial” suggests a single meeting in which facts are presented and disputes resolved, but most trials actually involve a series of hearings or decisions that may extend over a long period of time. For example, a criminal case that ends with a guilty verdict is just the end of a multi-step process that includes arraignment, pretrial release hearings, bail hearings, and finally, the trial itself.
Trials also serve another important purpose—they set legal precedents that benefit other injured parties in similar cases. This can help prevent injustice and make the law more fair for everyone.
For the modern day trial, the jury is legally barred from having any firsthand knowledge of the case or character of the accused, and must rely on the gathering, sifting, and pondering of evidence screened by complex rules and introduced according to precise procedures. Because of this, it can be very difficult to win a case at trial, especially for a criminal defendant whose case receives significant media attention or public perception.