1. The Court System
A Trial

2. Criminal Trial Steps Jury Selection Opening Statements
Examination of Evidence
Prosecution- goes first, has burden of proof
Cross- to discredit witnesses’ testimony/ evidence
Closing Arguments
Jury Instructions
Jury Deliberation
Verdict
Sentencing

3. The Courts
Adversarial system- lawyers represent their clients, present evidence, challenge the other side, and try to convince the jury/ judge
Defendant-- the person being charged {criminal} or sued {civil}
Prosecutor-- the person bringing the charges in a criminal case
Plaintiff-- the person bringing the charges in a civil case

4. Court cases Gideon v. Wainright (1963)- Scott v. Il (1979)-
80% of felony defendants are indigent
75% of inmates had a court appointed lawyer
Scott v. Il (1979)-
Ross v. Moffit-

5. Attorneys- Prosecution
Trial consul/ house consul for police
File charges- type and number
Broad discretion and autonomy
Est. case against defendant
BARD
Challenge the other side’s evidence
Rebuttal
Objections

6. Attorneys- Defense Defense- represent the accused Bargains a plea deal
Proves innocence/ establishes doubt
Other evidence, alibis, affirmative defenses
Least powerful of all in the Courtroom

7. (Pre-)Trial Motions
Change of venue
Gag order
Motion to dismiss

8. 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
Give your version of the story
Anticipate the other argument
Point out holes in the coming argument

9. Writing an Opening Statement
Like an Intro Paragraph-
Outline facts
Who is the defendant?
What did s/he do?
What is the dispute?
Road map
Who can jurors expect to see on the stand?
Why is the other side wrong?
Thesis: S/he should be convicted of the crime.
Keep it simple

10. 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]

11. Examination of Evidence
Prosecution presents evidence after Opening Statements are given
Confessions, photos, IDs, polygraphs, DNA…
Witnesses/ experts answer questions
Witnesses swear to tell the truth
When the “prosecution rests,” the defense presents its case with their own evidence

12. Witnesses
Subpoena:
Perjury:
Contempt of court:
Witness immunity:

13. Evidence
Ballistics/ rifling:
Fingerprints
Circumstantial evidence:

14. Objections
Hearsay
Speculation

15. Examination of Evidence
Defense tries to discredit witnesses/ ev.
Qualifications- attack credibility or investigative skill of the “expert,” officer, etc.
Bias against defendant
Mistakes made
Character- money to appear/ immunity…
Expertise- show a lack of knowledge
Limitations- force contradictions or inconsistencies
Challenge the believability
Qual- bias= OJ Expertise- Vinnie Lim- line of sight, time needed to x, y, z….

16. Examination of Evidence
Defense tries to discredit witnesses/ ev.
Ask leading questions
Rapid fire questions
Simple questions
Break complex issues into Yes/ No questions
Qual- bias= OJ Expertise- Vinnie

17. Closing Arguments Pros- restate facts in evidence
Charges
Direct evidence
Witness’ supporting evidence
Conclude with charges BARD
Def- explain where doubt exists
Failed to prove BARD
Most common in a Defense’s closing
Emotional appeals?

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

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