Introduction to the Criminal Trial

1. Introduction to the Criminal Trial

2. 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

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

4. 2) Opening Statements • Prosecution goes first • Then Defense

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

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

7. 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”

8. 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…

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

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

11. 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

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