STEPS IN A CRIMINAL TRIAL

1. OPENING STATEMENTS PROSECUTION ALWAYS GOES FIRST DEFENSE CAN DELAY UNTIL THEY BEGIN THEIR CASE. WHY? INTRODUCTION THIS IS WHAT YOU WILL SEE END WITH WHAT YOU WANT THE JURY TO DO

2. PROSECUTION DIRECT EXAM PROSECUTOR QUESTIONS THEIR WITNESSES BEGIN TO PROVE GUILT OF DEFENDANT

3. CROSS EXAM BY DEFENSE DEFENSE ATTORNEY QUESTIONS OPPOSING WITNESSES GOALS:  INCONSISTENCIES IN TESTIMONY  TO IMPEACH THE WITNESS  ESTABLISH REASONABLE DOUBT

4. REDIRECT BY PROSECUTION AFTER DEFENSE CROSS, PROSECUTOR CAN ASK THEIR WITNESS ADDITIONAL QUESTIONS MUST BE BASED ON SOMETHING DISCUSSED IN CROSS EXAMINATION REPEAT PROCESS FOR ALL WITNESSES—THEN PROSECUTION RESTS

5. MOTION TO DISMISS MADE BY DEFENSE ALMOST ALWAYS DENIED BY THE JUDGE

6. DEFENSE DIRECT EXAM OPENING STATEMENT (IF RESERVED) DEFENSE ATTORNEY QUESTIONS THEIR WITNESSES SEEKS REDUCE CREDIBILITY OF PROSECUTION CASE CONTINUE TO ESTABLISH REASONABLE DOUBT

7. CROSS EXAM BY PROSECUTION PROSECUTOR QUESTIONS OPPOSING WITNESSES GOALS:  INCONSISTENCIES IN TESTIMONY  TO IMPEACH THE WITNESS  COUNTER DEFENSE EFFORT TO ESTABLISH REASONABLE DOUBT

8. REDIRECT BY DEFENSE AFTER PROSECUTION CROSS, DEFENSE ATTORNEY CAN ASK THEIR WITNESS ADDITIONAL QUESTIONS MUST BE BASED ON SOMETHING DISCUSSED IN CROSS EXAMINATION REPEAT PROCESS FOR ALL WITNESSES—THEN DEFENSE RESTS

9. CLOSING STATEMENT PROSECUTION ALWAYS GOES FIRST REVIEW OPENING STATEMENT THIS IS WHAT I TOLD YOU THAT YOU WOULD SEE---THIS IS WHAT YOU SAW SUMMARIZE YOUR VIEW OF CASE TELL THE JURY WHAT THEY MUST DO

10. REBUTTAL ARGUMENT PROSECUTION RESPONDS TO DEFENSE CLOSING STATEMENT WITH ADDITIONAL ARGUMENTS LIMITED PROSECUTION GETS LAST WORD. WHY?

11. JURY INSTRUCTIONS JUDGE INSTRUCTS THE JURY ON THE LAW THAT APPLIES IN THIS CASE. BOTH LAWYERS WORK WITH JUDGE TO SELECT THE APPROPRIATE INSTRUCTIONS JUDGE EXPLAINS BASIC LEGAL RESPONSIBILITIES OF JURORS

12. VERDICT BEYOND A REASONABLE DOUBT CRIMINAL VERDICT MUST BE UNANIMOUS IF UNABLE TO AGREE JUDGE MAY DECLARE A MISTRIAL— “A HUNG JURY”