2 The 10 Parts of a Criminal Trial 1) Jury Selection2) Opening STATEMENTS3) Presentation of the Prosecution Case4) Presentation of the Defense Case5) Closing ARGUMENT6) Jury Instructions7) Jury Deliberation8) Verdict on Guilt9) (if Defendant found guilty) Sentencing Phase10) Judgment and Sentence
3 1) Jury Selection Find out about the jury Challenges for cause Peremptory challengesTrying tofind jurors todismissCause: interest in the case, ineligible for jury duty (felony conviction, not a citizen), can’t be fair and objective, biased. Unlimited challenges for cause.Peremptory: Six in criminal cases, unless it’s a capital offense then you get 12. You don’t have to give a reason (any reason or no reason) but according to Batson, you can’t use peremptory challenges to discriminate, especially race.
5 3) Presentation of Prosecution Case Evidence is presented through witness testimony and documentsPROSECUTION’S direct examinationDEFENSE’S cross-examination
6 4) Presentation of Defense Case The Defendant has a right NOT to put on a case!DEFENSE’S direct examinationPROSECUTION’S cross-examination
7 5) Closing ARGUMENT NOT like opening statements ARGUES the facts that came out during the caseProsecution goes firstDefense goes secondProsecution has an opportunity for “rebuttal”
8 6) Jury InstructionsProsecution and Defense propose instructions for the juryJudge reads the instructions to the juryThe jury instructions guide the next part…Each side provides “draft” jury instructions to the judge, and the judge decides what instructions to read to the jury. This may later become an appeal issue—what jury instruction should have been read and what shouldn’t have been read! The attorney doing closing argument should rely heavily on the jury instructions to remind the jury of their obligations!
9 7) Jury DeliberationsDeliberations are guided by the jury instructionsThis picture was taken from the movie “12 Angry Men.”
10 8) Verdict on Guilt Guilty = JURY MUST BE UNANIMOUS Not Guilty = JURY MUST BE UNANIMOUS“Hung Jury” = non-unanimous
11 9) Sentencing Phase Both sides present evidence Prosecution presents evidence about why the Defendant should receive a certain sentenceDefense presents evidence about why s/he should receive a lesser sentenceDefendant can take the stand but s/he’s not under oathThere are less strict rules about the sentencing phase.
12 10) Judgment and Sentence Judgment of guiltyThe sentence…The judge