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Criminal Trial Adversarial System Prosecution v. defense Two opposing sides. Whoever convinces the jury that they are right. Trial Initiation Speedy Trial

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Criminal Trial

Adversarial System Prosecution v. defense Two opposing sides. Whoever convinces the jury that they are right.

Trial Initiation Speedy Trial - 6th Amendment …the accused shall enjoy the right to a speedy and

public trial…

Criminal Trial

6th Amendment – RIGHT TO … impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law…

Criminal Trial

1. Jury Selection 1. Voir Dire – questioning of the jury pool

2. MOST IMPORTANT PART OF THE TRIAL

3. Find out about potential jurors biases.

4. Petit Jury – Hear evidence from both sides and decide the case. 12 people in Criminal Cases.

Criminal Trial

1. Challenges1. To the Array- The entire jury pool is tainted.

2. For Cause – can’t be fair and impartial – unlimited #

3. Peremptory- no reason needs to be given1. Death penalty - 15

2. Felony – 8

3. Misdemeanor - 3

2. Sequestered Juries - no outside contact.

Criminal Trial

Jury Selection Jury of your peers – not in the Constitution.

Interpreted from the equal protection clause.

Criminal Trial

Jury Selection Cases Batson v. Kentucky – The attorneys cannot

challenge jurors simply based on race. Violates equal protection clause of 14th Amendment.

Powers v. Ohio – A defendant can object to the race based challenges to the jury even if he/she is not the same race as the excluded jurors.

Criminal Trial

Opening statement Prosecution is first

Inform the jury of the nature and facts of the case. Defense is second

Deny the prosecution has a case. Theory of the defense.

Only mention evidence/proof that will be offered.

Criminal Trial

Opening Statement When does an opening statement occur? Who gives it? Who is the attorney addressing during the

opening statement? Which side goes first? What does the opening statement do? What does the opening statement include?

Criminal Trial

What is the goal for your side? Guilty verdict Not Guilty Verdict

What facts are most helpful to that goal? What facts are most harmful to that goal? What are the three most important facts to

mention? Motive? Forensic evidence? Witnesses?

What legal information is important? Elements? Burden of Proof?

Criminal Trial

Opening Statement Keep it simple Talk about the case in broad terms – theme Remember the jury is the audience. Tell a story that paints the picture of your side Pick the most helpful facts for your side or the

most harmful to the other side.

Criminal Trial – Opening Stmt.

6 things to include: Theme/Theory of the case Character sketch of the main people Identity of the major witnesses Description of the witnesses’ testimony Important legal elements Conclusion requesting a certain verdict

Criminal Trial

Evidence Direct Evidence

Evidence that if believed directly proves a fact. Circumstantial Evidence (Indirect)

Requires the trier of fact to make inferences. Real Evidence

Physical Evidence – Tire Tracks, Ransom Notes, fingerprints.

Criminal Trial

Witnesses Testimony – oral evidence given by a witness.

Witness must be sworn in. Direct examination – open ended questions.

Where were you on the night of October 31, 2007? What happened? Allow the witness to tell the story. Done by the person who called the witness to

testify.

Criminal Trial

Cross Examination – “Yes or No” Questions Test the credibility or memory of the witness. Done by the opposing side. The one that didn’t call that

particular witness.

Hearsay – a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. There are several exceptions

Criminal Trial

Exceptions to the hearsay rule Excited Utterance Dying Declaration Past recollection recorded

Criminal Trial

Hearsay??? Alexis is accused of robbing the local

convenient store. There is no video of the robbery. Matt is the store clerk. Elena was in the store at the time of the robbery. At the time of trial the Matt testifies that after the robber left, Elena said that was my high school friend Alexis. Elena was not subpoenaed to testify at trial.

Criminal Trial

Hearsay??? Kelly is charged with shooting and killing her

husband, Michael. A neighbor, Hannah, testifies that Kelly and Michael’s daughter, Paige, ran out of the house after gunshots were fired and yelled “My mom just shot my dad!” Paige refuses to testify.

Criminal Trial

The EMT that came to the scene testifies that as Michael took his last breath he said, Why would my lovely wife do this to me? He died moments later.

Hearsay?

Criminal Trial

Hearsay??? A witness to the Robbery at the convenience

store gave a statement to the police right after the crime. At the trial, the witness can’t remember what she saw. She is shown the statement she gave police to refresh her memory.

Is the statement hearsay??

Criminal Trial

Closing Argument Prosecution then Defense Prosecution has rebuttal – they have the

burden of proof. Last minute attempt to persuade the jury. Sum up the evidence and how each element

was proven or disproven.

Criminal Trial

Jury Instructions Instruct on the law. Instruct on the elements of the crime Each side (Pros. And Def.) can usually

provide the court with instructions they want. i.e. lesser included offenses

Instruct that if the defendant chooses not to testify – the jury can’t use that against him/her.

Criminal Trial

Jury Deliberations/ Verdict Must be Unanimous Four types - generally

Not Guilty Guilty Guilty but Mentally Ill Not Guilty by reason of insanity

Jury Nullification- Even though the defendant is guilty, the jury finds him/her not guilty for some unknown reason.