Macbeth in Act 2 Scene 2 at line 61 in Scotland, did cause the death of King Duncan and thereby commit murder in the first degree, to wit: (stabbed in the night with a dagger multiple times), contrary to s. 235(1) of the Criminal Code of Scotland.
How does the accused plea?
Macbeth in Act 2 scene 3, at line 110 in Scotland, did cause the death of King Duncan’s two guards and thereby commit murder in the first degree, to wit: (stabbed in the morning with a dagger multiple times), contrary to s. 235(1) of the Criminal Code of Scotland.
The Prosecution must prove the facts in issue for each charge beyond a reasonable doubt.
The Prosecution calls its witnesses. A typical witness testimony would go as follows:
Witness gets on “stand” and is asked to promise to tell the truth. The witness typically then spells out their name for the record and the Crown has them identify themselves and usually give some background as to who they are and how they became involved. The Crown will then have them give their account of the events. The Prosecution can, as they ask questions, have the witness identify evidence (exhibits) to prove their case, for example a bloody dagger.
Once the Prosecution questions the witness the Defence can cross-examine and ask questions about their testimony to try to “raise a reasonable doubt”. Once they do this the Prosecution can then “re-examine”, but can only ask questions to clarify. They cannot ask new questions about things not discussed.
Once all the Prosecution’s witnesses have testified the Prosecution “rests” and the Defence calls its witnesses. The questioning is the same, but with the Defence going first, the Crown cross-examining and the Defence then re-examining. Both the Prosecution and Defence can have expert witnesses testify to things (usually to physical evidence, Forensic officers are usually “experts”) – THE POLICE. Once the Defence’s witnesses have gone the Defence rests.
The Prosecution and Defence then present their closing arguments, basically summing up the evidence and explaining why they believe that it proves their case. The judge (CROWN) then deliberate and determine whether the accused is guilty or not-guilty of each charge. The judge or jury can also decide if they think the accused is guilty of a lesser offence (2nd degree murder, or manslaughter for example, or if the Defence has proven that they are not criminally responsible by reason of mental illness, again this means that they have to prove the accused didn’t know it was the wrong thing to do).
The judge or jury (CROWN) then reads the verdict and then sentencing can begin, or the accused can be free to go.
Witnesses:
Lady Macbeth, Doctor, Fleance, Macduff, Malcom, Chambermaid, Major Crimes Detective, Witches, Hired Assassins