 Miller and Boster (1977) have identified three images of the trial: ◦ 1) The Trial as a Search for the Truth Assumes the truth can be ascertained, and that it will emerge from the confrontation of conflicting facts.

 The text identifies three images of the trial: ◦ 2) The Trial as a Test of Credibility Acknowledges that facts and evidence are incomplete and biased. Judge or jury must weigh and evaluate the credibility of the witnesses. What Is the Purpose of a Trial?

◦ 3) The Trial as a Conflict-Resolving Ritual Creates the sense that justice is being done.

 Preliminary Actions ◦ Discovery: the pretrial process by which each side tries to gain vital information about the case that will be presented by the other side.

 Preliminary Actions ◦ Jury Selection  1) Draw a panel of prospective jurors, called a venire, from a large list (usually based on voter registration lists and lists of licensed drivers).  2) Once the venire for a trial has been selected, a process known as voir dire is employed to question and select the eventual jurors. Steps in the Trial Process

 The Trial ◦ Opening Statements: Lawyers for each side are permitted to make opening statements (not part of the evidence; just overviews of the evidence to be presented). The prosecution or plaintiff usually goes first. Defense’s opening follows immediately after or the defense can choose to wait until it is their turn to present evidence. Steps in the Trial Process

 The Trial ◦ Witnesses: After opening statements, the prosecution or plaintiff calls its witnesses.  Each witness potentially goes through a process of direct examination, cross-examination, redirect, and recross.

 The Trial ◦ After the prosecution’s or plaintiff’s attorneys have presented all their witnesses, it is the defense’s turn.  Each witness potentially goes through a process of direct examination, cross-examination, redirect, and recross. Steps in the Trial Process

 The Trial ◦ Each side then can ask to present rebuttal evidence which attempts to counteract or disprove evidence given by an earlier witness.

 The Trial ◦ Once all the evidence has been presented, each side is permitted to make a closing argument, also called a summation. ◦ Typically the prosecution or plaintiff gets the first summation, followed by the defense, after which the prosecution or plaintiff responds and has the final word. Steps in the Trial Process

 The Trial ◦ The final step in the jury trial is for the judge to give instructions to the jury.  In some states, instructions precede the closing arguments.

 The Trial ◦ The judge also instructs jurors about the standard they should use to weigh the evidence.  With criminal charges, the jurors must be convinced beyond a reasonable doubt that the defendant is guilty before they vote to convict.  In a civil trial the preponderance of the evidence is necessary for a finding in favor of one side. Steps in the Trial Process

 The Trial ◦ When the jury has reached its verdict, its foreperson informs the bailiff, who informs the judge, who reconvenes the attorneys and defendants (and plaintiffs in a civil trial) for announcement of the verdict.

 Citizens believe a jury decision offers more procedural fairness (greater thoroughness, better representation of the community, fewer personal biases affecting decisions) than a decision by a judge. Judges’ Decisions versus Juries’ Decisions

 Determinants of Discrepancies ◦ About half of the disagreements involved jury sentiments (feeling expressed by the judge that the jury verdict was determined by factors beyond the evidence and the law). Judges’ Decisions versus Juries’ Decisions

 Jury Selection and Process

 Forming the Venire ◦ The Jury Selection and Service Act (1968) required that voter registration lists be used as “the primary source” for jury pool selection, but such lists risk underrepresenting certain segments of the community. ◦ To increase representativeness, states use other sources such as lists of licensed drivers, persons receiving public assistance, and unemployment lists.

 Exclusions, Nonresponses, and Exemptions: Threats to Representativeness? ◦ Once a pool of potential jurors has been drawn, each individual in the pool receives a questionnaire to assess his or her qualifications and ability to serve. Some are excluded by law (e.g., those who are blind).

 Exclusions, Nonresponses, and Exemptions: Threats to Representativeness? ◦ Many qualified jurors ignore the jury duty summons, even though this violates law. ◦ Exclusions, nonresponses, and exemptions can distort the representativeness of juries.

 Exclusions, Nonresponses, and Exemptions: Threats to Representativeness? ◦ Until recently, members of some occupations were automatically exempted from jury service.  Most states have now eliminated all exemptions. Jury Selection

 The Voir Dire Process ◦ Once the panel of prospective jurors has been assembled and summoned to the courthouse, the focus moves to questions about a given juror’s ability and willingness to be fair and impartial. ◦ The forum in which the judge and/or the attorneys question prospective jurors is called voir dire, a French term meaning to speak the truth.

 Challenges for Cause and Peremptory Challenges are two mechanisms by which panelists are excluded from serving on a jury. ◦ Challenge for Cause: In any trial, each side can claim that particular jurors should be excluded because they are biased (e.g., have a relationship with one of the parties). ◦ Each side has an unlimited number of challenges for cause.

 Challenges for Cause and Peremptory Challenges ◦ Peremptory Challenge: Each side may also exclude a designated number of prospective jurors without a reason stated. ◦ The number of peremptory challenges for each side varies among jurisdictions and also on the basis of the type of case and the seriousness of the charge. Jury Selection