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Introduction to the Criminal Trial

Introduction to the Criminal Trial. What do you know about criminal trials?. In groups On a sheet of paper: 1 st - Brainstorm as many different steps in a trial your group can think of…What have you seen on TV? (5 minutes) 2 nd – Put those steps in order [3 minutes].

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Introduction to the Criminal Trial

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  1. Introduction to the Criminal Trial

  2. What do you know about criminal trials? • In groups • On a sheet of paper: • 1st - Brainstorm as many different steps in a trial your group can think of…What have you seen on TV? (5 minutes) • 2nd – Put those steps in order [3 minutes]

  3. The 10 Parts of a Criminal Trial • 1) Jury Selection • 2) Opening STATEMENTS • 3) Presentation of the Prosecution Case • 4) Presentation of the Defense Case • 5) Closing ARGUMENT • 6) Jury Instructions • 7) Jury Deliberation • 8) Verdict on Guilt • 9) (if Defendant found guilty) Sentencing Phase • 10) Judgment and Sentence

  4. 1) Jury Selection • Find out about the jury • Challenges for cause • Peremptory challenges • Trying to find jurors to dismiss

  5. 2) Opening STATEMENTS • Prosecution goes first • Then Defense

  6. 3) Presentation of Prosecution Case • Evidence is presented through witness testimony and documents • PROSECUTION’S direct examination • DEFENSE’S cross-examination

  7. 4) Presentation of Defense Case • The Defendant has a right NOT to put on a case! • DEFENSE’S direct examination • PROSECUTION’S cross-examination

  8. 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”

  9. 6) Jury Instructions • Prosecution and Defense propose instructions for the jury • Judge reads the instructions to the jury • The jury instructions guide the next part…

  10. 7) Jury Deliberations • Deliberations are guided by the jury instructions

  11. 8) Verdict on Guilt • Guilty = JURY MUST BE UNANIMOUS • Not Guilty = JURY MUST BE UNANIMOUS • “Hung Jury”= non-unanimous

  12. If the jury finds the defendant… Then……….

  13. 9) Sentencing Phase • Both sides present evidence • Prosecution presents evidence about why the Defendant should receive a certain sentence • Defense presents evidence about why s/he should receive a lesser sentence • Defendant can take the stand but s/he’s not under oath

  14. 10) Judgment and Sentence • Judgment of guilty • The sentence…

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