Trial Procedure

Theory of a case  Attorneys must present a logical argument demonstrating what really happened to the jury  This is prepared prior to the case  Must prepare the opponents theory of a case as well

 Truth has no real significance b/c jury didn’t see what happened  Jury hears about what happens and base their decision on that

Jury Decisions  Juries base their decisions on two things What they perceive as the truth (what is presented)What they perceive as the truth (what is presented) How they like the information (evidence) placed before them (how it is presented)How they like the information (evidence) placed before them (how it is presented)

Jury  Attorneys want a jury that they can sway and be sympathetic to their client’s position They attempt to do this through jury loadingThey attempt to do this through jury loading

Jury Loading  Attorney selects jurors who will view their client favorably and with empathy

Jury Selection  Summoned to County court house on a Monday  Sometimes over 100 people are called for a week’s service  Smaller group from within the larger group are called into the courtroom

 Attorneys ask a series of questions of the potential jurors  Attorneys are looking for anyone who would not be a good fit for the case (in their opinion)  Jurors are then selected or excused

Options for picking a jury  Change of venue  Change of venire  These two options can be used when an impartial jury cannot be found (6 th amendment)

Requirements of a Juror  Common sense  Patience  courage

Bench trial  Trial without a jury  Defendants can waive their right to a jury trial which gives them a bench trial

Opening Statement  First opportunity to tell the jury what the case is all about  Attorneys stress what the evidence will show  Should always be positive  Important to keep eye contact with jury and stand close to them

Direct Examination  Purpose is to obtain info from the witness so that the jury and judge remember it  Its important to keep it simple and organized

Types of Witnesses  Occurrence witness-most common  Expert Witness  Depositions

Occurrence Witness  Anyone who used their senses to witness something or did anything pertinent to the case  Should describe in as much detail as possible (painting a picture for the jury)

Expert Witness  Anyone who has specialized knowledge through training, experience, or education  Can give their opinion  Ex: psychologist, MD, etc

Depositions  Transcript of the witness’s testimony  Used when the witness is unavailable for the jury  Opposing side must have had the opportunity to question the witness

Preparing a Witness  Instruct them how to say things, NOT what to say (illegal)  Instruct witness to relax, speak clearly, and look at the jury when answering questions

End of trial part 1  When the defense or prosecution is done presenting their witnesses & evidence the attorney states, “your honor, the ______ rests”

Cross Examination  Try to get the witness to agree with your case (positive)  Make witness seem less believable (negative)  Must be prepared in advance by the attorney

Preparing to be cross examined  Attorney must prepare the witness for possible questions  Instruct the witness to listen carefully to questions  Witness should only answer exactly what was asked and not argue or guess

Redirect  When an attorney puts a witness on the stand, the opposing side has cross examined, the original attorney may ask follow up questions

Closing Arguments  Purpose is clear and precise summary of the case  Must be prepared before hand

Physical Evidence  Is visual  If it doesn’t help your case, don’t use it  Can be presented by both sides of the case

Objections  Stops the action in a trial  Made when an attorney feels the opposing attorney is breaking a rule of evidence

Sustained  When a judge agrees with an objection and allows it

Overruled  When a judge disagrees with an objection and doesn’t allow it