Basics of a Trial

1. Basics of a Trial 8 Slides

2. Terms to know Jury – impartial group of citizens who listen to both sides, weigh the evidence, and decide guilty or innocent. Judge – impartial referee who makes sure the trial is fair. Defendant – person charged with violating one or more laws Prosecution – attorney trying to prove the defendant guilty Defense – attorney who represents the defendant Witnesses – people who are called to testify on what they saw or heard.

3. Types of Witnesses Fact Witness – either for the prosecution or the defendant is someone who has seen or heard the actual crime Expert Witness – for either the prosecution or the defendant is a witness with knowledge outside the normal person about the crime. These witnesses are allowed to give opinion testimony.

4. Fact or Opinion? 1. I saw a man walking through my yard at 10:00 at night. FACT 2. I think the man was in his 40’s. OPINION 3. I was in my car on Main Street at the time of the accident. FACT 4. The car was driving too fast. OPINION 5. The car was driving above the posted speed limit. FACT

5. Usual Sequence of Events • 1. The jury is selected and sworn in. • Lengthy process – lots of rules on who can be the jury. • 2. Prosecution team delivers its opening statement to the jury. • Try to hit the jurors emotions with what happened – summary of the story. • Motive • Evidence • Witnesses • 3. The defense team delivers opening statement to the jury. • Exact opposite of the prosecution opening statement

6. … • 4. Prosecution team calls witnesses and introduces evidence against defendant. • Ask direct questions, trying to prove fact and not opinion • Want reliable trustworthy sources • 5. Defendant can cross examine prosecution witnesses. • Tries to find gaps in the story – make witnesses look unreliable. • 6. Prosecution can requestion their witness. • Try to repair the damage made by defendant.

7. … • 7. Defense always has the option of going last – so they can re-cross examine if they wish. • 8. When the prosecution has gone through all witnesses they “rest their case”. • 9. Defense calls witnesses and introduces evidence. • Same as with prosecution witnesses but defense questions first and the prosecution has the option to go last.

8. … • 10. After all the examination of the defendant witnesses the defense “rests its case” • 11. Recall of witnesses – persecution and defense can recall any witness to clarify testimony. • 12. Prosecution presents closing statement • Summarizes and recaps entire trial. Again, tries to hit jurors’ emotions. • 13. Defense present closing statement

9. … • 14. The judge instructs the jury on what the law means and the verdicts they can come to. • 15. The jury deliberates and reaches a verdict. • Must be unanimous! • 16. If found guilty, the judge meets with the lawyers to discuss possible sentences. • 17. Judge sentences defendant within the law.

10. Basics Vicky Timm is murdered Debra Mae Killigan-Timm is convicted Mike Timm is ex-husband Rob Timm is Vicky and Mike’s son

11. Parts • Prosecution = • Angeline Disguise – Friend of Vicky and Timm’s • Captain Sharpe – Chief police on the scene • Detective Al Ert – Expert Witness • Dewey Fixit – Apartment Complex Manager • Faith Fuller – Best Friend of Debra Mae • Izzy Lion – Boyfriend of Vicky Timm • John Timm – Mike’s Brother, Rob’s Uncle • Lieutenant Ready – Assistant to Captain Sharpe

12. Parts • Defense = • Debra Mae Killigan-Timm – accused • Mike Timm – Husband of Debra, ex husband of Vicky • Rob Timm – Son of Mike and Vicky Timm • Jurors and a Clerk