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The 10 Parts of a Criminal Trial. 1) Jury Selection. Find out about the jury Challenges Trying to find jurors to dismiss. 2) Opening STATEMENTS. Prosecution goes first Then Defense. 3) Presentation of Prosecution Case. Evidence is presented through witness testimony and documents
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1) Jury Selection • Find out about the jury • Challenges • Trying to find jurors to dismiss
2) Opening STATEMENTS • Prosecution goes first • Then Defense
3) Presentation of Prosecution Case • Evidence is presented through witness testimony and documents • PROSECUTION’S direct examination • DEFENSE’S cross-examination
4) Presentation of Defense Case • The Defendant has a right NOT to put on a case! • DEFENSE’S direct examination • PROSECUTION’S cross-examination
5) Closing ARGUMENT • NOT like opening statements • ARGUES the facts that came out during the case • Prosecution goes first • Defense goes second • Prosecution has an opportunity for “rebuttal”
6) Jury Instructions • Prosecution and Defense propose instructions for the jury • Reminder of laws, and what to consider • Judge reads the instructions to the jury
7) Jury Deliberations • Deliberations are guided by the jury instructions
8) Verdict on Guilt • Guilty = JURY MUST BE UNANIMOUS • Not Guilty = JURY MUST BE UNANIMOUS • “Hung Jury” = non-unanimous, usually can retry case
9) Sentencing Phase • Both sides present evidence • Prosecution explains why Defendant should receive a harsh sentence • Defense explains why s/he should receive a lesser sentence • Defendant can take the stand but s/he’s not under oath
10) Judgment and Sentence • Judgment of guilty • The sentence…