Colorado POST Practice Exam

What is required of the defense during a trial?

1. To provide a closing statement only

2. To call witnesses and present their case

3. To cross-examine the jury

4. To present evidence before the prosecution

The correct answer is: To call witnesses and present their case

The requirement for the defense during a trial is primarily to call witnesses and present their case. This role is essential in ensuring that the defense has the opportunity to challenge the prosecution's evidence and to provide an alternative narrative or explanation of the events in question. The defense must demonstrate the reasonable doubt about the prosecution's arguments and evidence through the presentation of testimonies, physical evidence, and expert opinions. The defense can call witnesses who can provide testimony that could help to establish a fact or refute the prosecution's claims. This active participation is crucial in the adversarial system used in the judicial process, where both sides are given the opportunity to present their arguments and evidence to support their positions. While the defense may also provide a closing statement, this alone does not fulfill the comprehensive role they are expected to take throughout the trial phase. Cross-examining the jury is not a function of the defense; instead, they may cross-examine the prosecution's witnesses. Presenting evidence before the prosecution is not how the order of proceedings works in a trial; the prosecution presents its case first, followed by the defense. Thus, the defense’s obligation focuses on submitting their case through witness testimonies and evidence after the prosecution has presented theirs.