2Criminal Trial Adversarial System Trial Initiation Prosecution v. defenseTwo opposing sides.Whoever convinces the jury that they are right.Trial InitiationSpeedy Trial - 6th Amendment…the accused shall enjoy the right to a speedy and public trial…
3Criminal Trial6th 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…
4Criminal Trial Jury Selection Voir Dire – questioning of the jury pool MOST IMPORTANT PART OF THE TRIALFind out about potential jurors biases.Petit Jury – Hear evidence from both sides and decide the case. 12 people in Criminal Cases.
5Criminal Trial Challenges Sequestered Juries - no outside contact. To the Array- The entire jury pool is tainted.For Cause – can’t be fair and impartial – unlimited #Peremptory- no reason needs to be givenDeath penalty - 15Felony – 8Misdemeanor - 3Sequestered Juries - no outside contact.
6Criminal Trial Jury Selection Jury of your peers – not in the Constitution. Interpreted from the equal protection clause.
7Criminal 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.
8Criminal Trial Opening statement Prosecution is first Inform the jury of the nature and facts of the case.Defense is secondDeny the prosecution has a case. Theory of the defense.Only mention evidence/proof that will be offered.
9Criminal 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?
10Criminal Trial What is the goal for your side? Guilty verdictNot Guilty VerdictWhat 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?
11Criminal Trial Opening Statement Keep it simple Talk about the case in broad terms – themeRemember the jury is the audience.Tell a story that paints the picture of your sidePick the most helpful facts for your side or the most harmful to the other side.
12Criminal Trial – Opening Stmt. 6 things to include:Theme/Theory of the caseCharacter sketch of the main peopleIdentity of the major witnessesDescription of the witnesses’ testimonyImportant legal elementsConclusion requesting a certain verdict
13Criminal Trial Evidence Direct Evidence Evidence that if believed directly proves a fact.Circumstantial Evidence (Indirect)Requires the trier of fact to make inferences.Real EvidencePhysical Evidence – Tire Tracks, Ransom Notes, fingerprints.
14Criminal 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.
15Criminal TrialCross Examination – “Yes or No” QuestionsTest 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
16Criminal Trial Exceptions to the hearsay rule Excited Utterance Dying DeclarationPast recollection recorded
17Criminal 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.
18Criminal 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.
19Criminal TrialThe 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?
20Criminal 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??
21Criminal 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.
22Criminal Trial Jury Instructions Instruct on the law. Instruct on the elements of the crimeEach side (Pros. And Def.) can usually provide the court with instructions they want.i.e. lesser included offensesInstruct that if the defendant chooses not to testify – the jury can’t use that against him/her.
23Criminal Trial Jury Deliberations/ Verdict Must be Unanimous Four types - generallyNot GuiltyGuiltyGuilty but Mentally IllNot Guilty by reason of insanityJury Nullification- Even though the defendant is guilty, the jury finds him/her not guilty for some unknown reason.