DAY #3: The Legal System: Trying a Criminal Case 1.What do lawyers do BEFORE a trial? 2.What are some reasons why a judge may dismiss or suppress evidence? 3.What 2 hearings concern the admission or suppression of evidence based on relevance and scientific reliability? (Give names) 4.What methods are used to try to ensure that the jury is impartial? What are some problems with these methods? 5.What is the difference between a material and an expert witness? 6.What is the order in which a trial proceeds in court? 7.What are the 3 basic responsibilities of a forensic scientist?

LAWYERS, JUDGES, & JURIES THE LOGISTICS BEFORE A TRIAL

What Lawyers Do BEFORE Trial A.Conducting Discovery Prosecution has to share evidence that shows that the defendant is not guilty & impeachment evidence against witnesses. Both sides share witness lists. B.Hearings Regarding EVIDENCE Motion to dismiss/ suppress evidence C.Plea Bargaining (90% of most criminal cases) D.Jury Selection (if not settled out of court)

Lawyers & Judges: Police messups that lead to EVIDENCE suppression: 1.Evidence was obtained in violation of a defendant’s 4 th Amendment rights (Mapp v Ohio) 2.The police had no “probable cause” when the defendant was detained/ arrested (Dunaway v NY) 3.When a confession may be an involuntary confession (People v Huntley) 4.When an improper pre-trial identification (line-up) has been conducted (US v Wade)

1.Frye hearing ◦To determine if the method used to obtain evidence is generally accepted by experts in the field (Frye v US) 1.Daubert hearing ◦Where the trial judge acts as a gatekeeper to make a preliminary assessment of whether evidence/ expert testimony is reliable and relevant (Daubert v Merrell Dow Pharmaceuticals) Source: Legal Information Institute, Cornell University Law School: Source: The Judicial Gatekeeping Project, Harvard University Law School: Judges & Science: Determining if EVIDENCE is scientifically sound

Lawyers & Jury Selection: Juries are chosen through random processes and deliberate choice. There are three steps: a)compiling a master jury list (list of names in the community) b)drawing the venire (asked to come to jury duty, the “jury pool”) c)conducting the voir dire (trial jury selection)

What methods are used to try to ensure that the jury is IMPARTIAL? 1.VOIR DIRE TO ELIMINATE JURORS WHO ARE BIASED BECAUSE OF PRE-TRIAL PUBLICITY 2.LIMITED GAG ORDERS 3.SEQUESTERING THE JURY

JURY TRIAL IN COURT THE LOGISTICS OF A TRIAL

IN COURT  Prosecution & Defense Opening Statements  Presentation of Evidence & Direct/ Cross-examination of witnesses i.Affirmative Defenses (Not guilty because alibi, self-defense, insanity; entrapment, voluntary intoxication, duress/ necessity, independent act)  Closing Arguments

MATERIAL & EXPERT WITNESSES  Material witnesses – Anybody who has collected, handled, seen, or been responsible for the evidence (can be subpoenaed)  Expert witnesses – Give factual info and opinion ◦Medical examiners Blood spatterDNA ◦Physicians BallisticsToxicology ◦Forensic specialists FingerprintHandwriting ◦Police Officers ◦Eyewitnesses

3 RESPONSIBILITIES OF A FORENSIC SCIENTIST  50% in the lab, 50% in the courtroom 1.Analyzing physical evidence 2.Testify in court 3.Training law enforcement in the recognition, collection, and preservation of evidence

THE JURY  Instructions to the Jury - After closing arguments the judge instructs the jurors in the meaning of the law that is applicable to the facts a)discussions of general legal principles b)specific instructions regarding the case at hand, c)information about legal standards d)information about possible verdicts  Deliberation & Verdict (2/3 conviction in criminal cases)

Our next unit…. -The Crime Scene -Observation Skills & Eyewitness Accounts -How to properly collect evidence -How to properly log evidence & store evidence (chain of custody and evidence accountability sheets)