introduction to the criminal trial. the 10 parts of a criminal trial 1. jury selection 2. opening...
TRANSCRIPT
Introduction tothe Criminal Trial
The 10 Parts of a Criminal Trial
1. Jury Selection2. Opening STATEMENTS3. Presentation of the Prosecution Case4. Presentation of the Defense Case5. Closing ARGUMENTS6. Jury Instructions7. Jury Deliberation8. Verdict9. Sentencing Phase (if Defendant found
guilty) 10. Judgment and Sentence
1) Jury Selection Find out
about the jury
Challenges for cause
Peremptory challenges
Trying to find jurors to dismiss
2) Opening STATEMENTS
Prosecution goes first
Defense goes second
My Cousin Vinny
3) Presentation ofProsecution Case Evidence is
presented through witness testimony and documents
PROSECUTION’S direct examination
DEFENSE’S cross-examination
4) Presentation of
Defense Case The Defendant
has a right NOT to put on a case!
DEFENSE’S direct examination
PROSECUTION’S cross-examination
5) Closing ARGUMENT
NOT like opening statementsARGUES the facts that came out
during the caseProsecution goes first, defense
goes secondProsecution has an opportunity
for “rebuttal”
6) Jury Instructions
Prosecution and Defense propose instructions for the jury
Judge reads the instructions to the jury
The jury instructions guide the next part…
7) Jury Deliberations
Deliberations are guided by the jury instructions
8) Verdict on Guilt Guilty = JURY
MUST BE UNANIMOUS
Not Guilty = JURY MUST BE UNANIMOUS
“Hung Jury” = non-unanimous
9) Sentencing Phase Both sides present evidence Prosecution presents evidence
about why the Defendant should receive a certain sentence
Defense presents evidence about why s/he should receive a lesser sentence
Defendant can take the stand but s/he’s not under oath
10) Judgment and Sentence
Judgment of guilty
The sentence…