After selecting the jury, a South Carolina criminal trial begins with opening statements by each attorney, which generally outlines the evidence presented in the case and themes of their cases. The Prosecution goes first because the State always has the burden of proof.
The Prosecution then calls witnesses and examines them about the alleged incident, and the defense attorney has an opportunity to cross-examine these witnesses. After the prosecution concludes its case-in-chief, the South Carolina criminal defense attorney may then call witnesses, including the defendant, to the stand to testify.
The defendant has a right not to present any evidence and refuse to testify. However, if the defendant does testify, this testimony is extraordinarily important for several reasons. Particularly, when raising legal defenses to a alleged charge, such as an alibi, mistake of fact, lack of criminal intent, duress, or entrapment. If a defense witness testifies, the prosecutor may then cross-examine that witness.
A criminal trial concludes with the lawyers giving their closing arguments, and the judge instructing the jury on the law to apply when deciding the case. The jury will then deliberate and decide the outcome of the case by indicating on the verdict form either not guilty or guilty.