In a criminal case, the government generally brings charges in one of two ways: either by accusing a suspect directly in a "bill of information" or other similar document, or by bringing evidence before a grand jury to allow that body to determine whether the case should proceed.
If the grand jury determines that there is enough evidence to justify the bringing of charges, then the defendant is indicted.
In 1979, the Court ruled in Burch v. Louisiana that where a jury was made of 6 people, the verdict must be unanimous.
This is done by calling witnesses to give testimony and by presenting physical evidence that will prove the defendant is guilty of the crime.
The defense then proceeds to present its case by calling witnesses and submitting evidence that will prove the defendant did not commit the crime.
Under the Fifth Amendment to the United States Constitution, the defendant is not required to be a witness in his own defense.
After the defense finishes presenting its case, each side gives a closing statement summarizing the evidence that supports its position of either guilt or innocence.
This means the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime.
The defense has no burden of proof and is presumed innocent during all stages of a criminal trial.
It can also happen if the judge thinks the jury interpreted the evidence in a manner that was not legal.
This can simply be the judge issuing the punishment sentence or, in more serious cases, can involve a separate hearing.
The United States Sentencing Commission has promulgated guidance on what restitution and prison terms should be assessed for different crimes.
As with the determination of guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence.