Credits: Thank You
Guide Contents
Trial Superior Court ~
Page 2
The Trial In Superior Court ~ Preparing For The Trial
What To Expect:

Preparing yourself psychologically for the trial can be both physically and emotionally draining. However, if you know what to expect, you will be better able to cope with each situation as it arises. The following information is not intended to in any way discourage your attendance at the trial, but rather to prepare you for what you will witness.

As the trial begins, it is important to bear in mind that the defense attorney does not have to prove that his client is innocent. Rather, it is the responsibility of the prosecutor to prove to the jury, beyond a reasonable doubt, that the defendant is guilty.
Though you are survivors of the victim, in the courtroom you are considered to be spectators ~ it is the case of the Commonwealth of Massachusetts vs. the defendant. In spite of the fact that it was your loved one who was murdered, a crime committed against a victim is considered to be a crime committed against "all the people of the state."

Thus, the state has a statutory responsibility to seek justice for a wrong which has essentially been committed against society. The harsh reality of this concept and the way in which it appears to exclude both the victim and his family is often hard for homicide survivors to understand or accept.
If you attend the trial, you may find that the defense attorney might attempt to create a picture of your loved one which may be exaggerated or completely without truth. You will see, in many cases for the first time, the weapon that was used in the murder. Blood stained articles of clothing and other personal possessions of both the victim and the defendant will be introduced into evidence. The prosecutor may bring to the attention of the jurors the points of entry of bullet or stab wounds in the clothing or other items of evidence. Knowing you will see these items is one thing; actually seeing them is another. As the evidence becomes more graphic, the trial will take on a whole new reality.
It is likely that a picture of your loved one will be passed among the jurors. In addition, if a video was taken of the crime scene, it may be introduced into evidence and viewed by jurors during the trial.

Because the judge cannot allow for high emotion during the trial that may unduly influence a jury and risk grounds for an appeal, he will expect you to maintain your composure at all times. While you may believe you are adequately prepared for anything that might happen in court, in most cases quite the opposite is true. Trials are far different from the court proceedings depicted on television or in the movies. Our laws require evidence to be presented within certain legal guidelines by the prosecution and the defense. This can be a long and arduous process, and very difficult for survivors to understand.