where we’ve been... ‘trial by jury is the most transcendent privilege which any citizen can...

Where we’ve been . . .

‘Trial by jury is the most transcendent privilege which any citizen can enjoy’

Sir William Blackstone

Where we’re going . . .

‘The trial of a case is a three legged stool: a judge and two advocates.’

Warren Burger

Learning Goals

• I can explain key aspects of the criminal trial process, including jury selection and rules about the admissibility of evidence and the burden of proof

• I can describe the role of people involved in a criminal trial (e.g., lawyer, judge, jury, duty counsel, Crown attorney)

The process of a trial is very similar to something that we are already quite familiar with: the formal essay. If you understand the basics of essay format, then you already understand the basics principles of trial format!

Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Opening Statement

Matching closing for opening above

Questioning in Direct Examination

I ask you a question . . .

You tell me a fact . . .

• Sample Direct

Questioning in Cross Examination

I tell you a fact . . .

You say ‘yes’ or ‘no’. . .

CLIPS can guide your cross examination:C = credibilityL = lack of knowledgeI= implausible statementsP= prior inconsistent statementsS= support your case

• Charles Rose, go to 2:00 mins

• Cross Examination

The Rules of Evidence:

During questioning of witnesses either the Crown or defence may object to questions asked by the opposing attorney – called objections

Types of Objections:

Leading questions: suggests to the witness a particular answer•These are allowed on cross-examination but not direct examination•E.g. “Wasn’t it Tom you saw holding the knife and stabbing Al?•Reword: “What did you see Tom do to Al?

Hearsay statements: evidence given by a witness based on information received from someone else rather than personal knowledge

•E.g. “Ann told me that she saw Tom stab Al with a knife”

•Not admissible

Opinion Statements

•Lawyers cannot ask a witness to give an opinion on anything that goes beyond common knowledge unless the witness is an expert in that area (ie. csi or pathologist)

Types of Evidence

1) Direct Evidence

2) Circumstantial Evidence

3) Character Evidence

4) Electronic Surveillance

Types of EvidenceDirect evidence: testimony given by a witness to prove an alleged fact Direct evidence

•E.g. eye witness testimony

Circumstantial Evidence: indirect evidence that leads to a reasonable inference of the defendant’s guilt but does not prove it– a fact that allows the assumption of another fact but does not prove it

•E.g. no eye witnesses but fingerprints that show the accused touched the murder weapon Circumstantial Evidence explained

Character Evidence: evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence.

•Crown can only introduce past convictions, defence can introduce good character but Crown can rebut

Electronic Surveillance

• Wire taps/email/wireless

• Bugging (microphone)

• Usually only admissible if judge authorizes it beforehand

• Polygraph (lie detector): results not admissible – but anything said during the exam can be used

Voir Dire:

• A mini-trial in which jurors are excluded while the admissibility of evidence is discussed.

• E.g. if a confession was given voluntarily or if a piece of evidence should be allowed

Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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How to Craft an Effective Opening Statement

Content Style

-Intro your theory-Tell story-Focus the jury/judge-DO NOT present arguments-Set the hook for your closing

-Present in first person and in present tense-Effective pace and tone-Clear and concise – rehearsed but natural-Dynamic – not flat

Defence Opening Statement #1

• Defence opening statement

‘Philadelphia’ – Opening Statement

• Denzel's opening

Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Figure 7.10 Trial by Jury, p. 183

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Appeals:

• Notice within 30 days

• Appeal court will affirm the lower courts decision, reverse the decision, or order a new trial

• Can also appeal a sentence

• Closing - Mr Lawschool

‘To Kill a Mockingbird’ Closing Statement

• closing

O.J. Simpson – Johnny Cochrane’s Closing Argument

• Cochrane's closing

Trial is similar to an essay in the way it is presented:•Opening Statement is like the introduction that outlines the theory (thesis) and introduces key points (witnesses or evidence) that will be developed later•Calling of witnesses and presentation of evidence is like body paragraphs in an essay that attempt to give proof that supports the thesis or guiding theory •Closing Arguments are like the conclusion that reminds the reader or jury/judge about the theory or thesis and the way in which it has been proven through your points (evidence) in the body

• Closing Statement

“My Cousin Vinny” Arraignment

‘My Cousin Vinny’ – Opening Statements

‘Legally Blonde’ – witness testimony

• Examples of trial procedure