The Court System American Courts

Court cases Gideon v Wainright (1963)- Scott v. Il (1979)- Ross v. Moffit-

change of venue gag order

Criminal Trial Steps Jury Selection Opening Statements Prosecution- goes first, has burden of proof Defense Closing Arguments Jury Instructions Jury Deliberation Verdict Sentencing

Jury Selection voir dire- opposing lawyers can question the juror to determine bias or prejudice Looking for BAKE removal for cause- answers indicate potential juror not able to make fair decisions unlimited peremptory challenges- unsympathetic to their argument, removal without a reason limited CAN’T be for race or gender

Opening Statements Road maps of the case--- key concepts Preview evidence and legal argument “Revenge. That’s what this case is all about.” Identify players/ re-create the incident Summarize facts Give your version of the story Anticipate the other argument Point out holes in the coming argument

Get the jury to believe your side of the story. “Members of the jury, after you have heard the evidence, we are confident that you will find the defendant guilty on each count in this indictment: armed robbery and murder.” [Prosecution] “At the conclusion of this case, you will have grave doubts that Tom Smith was anywhere near the robbery when it occurred. If anything, you will be convinced that someone else did it. Consequently, Tom Smith is simply not guilty of anything.” [Defense]

Examination Witnesses swear to tell the whole truth Defense tries to discredit witnesses/ officers Attack credibility or investigative skill Show a lack of knowledge Force contradictions or inconsistencies Ask leading questions Rapid fire questions Simple questions….

Subpoena Perjury Contempt of court Witness immunity Circumstantial evidence

Objections Hearsay Speculation

Closing Arguments Restate facts in evidence BARD Charges Direct evidence Witness’ supporting evidence Conclude with charges OR explain where doubt exists Emotional appeals?

Jury Deliberation Discuss evidence presented Credibility of witnesses Was BARD established? Must ignore stricken evidence/ other objections

Verdict Acquittal Hung jury Mistrial The 6th Amendment doesn’t require unanimous verdicts or 12 person juries