1. Introduction to the Criminal Trial

2. The 10 Parts of a Criminal Trial
1) Jury Selection
2) Opening STATEMENTS
3) Presentation of the Prosecution Case
4) Presentation of the Defense Case
5) Closing ARGUMENT
6) Jury Instructions
7) Jury Deliberation
8) Verdict on Guilt
9) (if Defendant found guilty) Sentencing Phase
10) Judgment and Sentence

3. 1) Jury Selection Find out about the jury Challenges for cause
Peremptory challenges
Trying to
find jurors to
dismiss
Cause: 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.

4. 2) Opening STATEMENTS
Prosecution goes first
Then Defense

5. 3) Presentation of Prosecution Case
Evidence is presented through witness testimony and documents
PROSECUTION’S direct examination
DEFENSE’S cross-examination

6. 4) Presentation of Defense Case
The Defendant has a right NOT to put on a case!
DEFENSE’S direct examination
PROSECUTION’S cross-examination

7. 5) Closing ARGUMENT NOT like opening statements
ARGUES the facts that came out during the case
Prosecution goes first
Defense goes second
Prosecution has an opportunity for “rebuttal”

8. 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…
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 Deliberations
Deliberations are guided by the jury instructions
This 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 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
There are less strict rules about the sentencing phase.

12. 10) Judgment and Sentence
Judgment of guilty
The sentence…
The judge