1. The Court System
American Courts

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

3. change of venue
gag order

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

5. 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

6. 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

7. 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]

8. 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….

9. Subpoena
Perjury
Contempt of court
Witness immunity
Circumstantial evidence

10. Objections
Hearsay
Speculation

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

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

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