Standard 11: Criminal Trial Procedures

1. Standard 11: Criminal Trial Procedures I can identify and describe the standard procedures in a criminal jury trial.

2. Learning Target 11.0 I can activate background knowledge about criminal trial assumptions.

3. Notebook Item 19 – Criminal Trial Assumptions Write each statement and answer True or False. • ____ EVERYONE is presumed innocent until proven guilty. • ____Running away is probably an indication of guilt. • ____Eye witnesses are unreliable. • ____Lots of weak evidence adds up to strong evidence. • ____If you have nothing to hide, then you should have no problem answering questions in front of police or the court. • ____Juries should only make decisions based on evidence, not their emotions.

8. NB 19 - Continued • Which of the assumptions that you wrote down is most important for the criminal justice system to uphold. Explain why?

9. Assumptions of a Criminal Trial • Defendant is innocent until proven guilty • Burden of proof “beyond a reasonable doubt” • 5th Am: protection against self-incrimination • Defendants do not have to testify • Not testifying does not mean they are guilty

10. LT 11.1: The Jury I can create sensory images to simulate the process of voir dire.

11. Role of the Jury • 6th Am: right to “impartial jury” in all felony cases • Traditionally 12 people • Most jurisdictions require unanimity for verdict • Jury of Peers: jury must be from the community where the crime took place • Values and norms vary by location

12. Jury Selection • “jury pool” requirements: • Citizen • Over 18 • Free of felony convictions • Good health • Sufficiently intelligent • Literate, fluent in English

13. Jury Selection • Venire “to come”: people summoned for jury duty • Many will eliminated • Voir Dire “to speak the truth”: questioning to uncover biases among potential jurors • Challenge: • For Cause – Bias identifiable • Peremptory – other reason (can not be racial)

14. Notebook Item 20 – Jury Selection • In the movie, do you think the jury decided the verdict based on the evidence or their emotions? Explain why. • How does the voir dire process influence the outcome of a trial?

15. Learning Target 11.2 I can synthesize, determine importance, and create sensory images from a given mock trial case and write an opening statement as either a prosecutor or defense attorney.

16. Opening Statements • Speech to jury from each attorney • Summary of evidence • Preview of trial • Designed to weaken opponent’s case • Intended to provoke an emotional response (either sympathy or revulsion) • Defense Opening Statement

17. LT 11.3 Evidence I can infer how evidence affects the outcome of a trial.

18. What is Evidence? • Definition: anything that is used to prove the existence or nonexistence of a fact. • Testimonial Evidence: statements from witnesses • Real Evidence: aka physical evidence

19. Evidence Requirements • Prejudicial: can not bring up suspects prior record or character if it is not relevant to current case • Relevance: evidence must be relevant to current case • Authentic: evidence is shown to be genuine by witness testimony

20. Pretrial Procedures • Prosecution and Defense want to exclude each others’ evidence • Pretrial motions to suppress evidence • Judge will make a decision if the exclusionary rule applies • Evidence excluded can not be presented or mentioned to the jury

21. Direct vs. Circumstantial Direct Evidence Circumstantial Evidence Consistent with crime but could be coincidence Example: murder bullet proved to be fired from a gun that is the same model as the defendant’s but not same specific gun Motive, means, threats • Factual, unquestionable • Example: murder bullet proved to be fired from defendant’s gun, gun in defendant’s possession • DNA, eye witnesses, confession, body or weapon in possession

22. LT 11.4 Witness Testimony I can question a witness based on given witness statement evidence.

23. Testimonial Evidence • Lay witness: a person who can testify about factual information but is not an expert • Expert witness: a professional who testifies about a specific subject • Ex: police, doctor, ballistics, psychologist

24. Witness Testimony • Direct Examination: • questions are asked to the witness by the attorney who calls the witness to testify • Cross Examination: • questions are asked to the witness by the opposing attorney • Purpose to create doubt in mind of jurors • Impeachment • Redirect Few Good Men Border Patrol Witness Examination

25. Hearsay • Definition: what someone heard someone say • Typically inadmissible in court because the original speaker can not be cross examined • Exceptions: dying declarations, admissions of guilt, anything allowed by judge

26. Restrictions for Testimony • Leading Questions not allowed (exception: cross exam) • Ex: “So you noticed the defendant threatening the victim with a broken beer bottle.” • Witnesses must be reliable/competent • Ex: A witness who was under the influence at the time of crime

27. Restrictions for Testimony • Narration: allowing the witness to tell a story. Questions must be asked one at a time • Opinions: not allowed unless it’s a “professional opinion” • Lack of Personal Knowledge: similar to hearsay • Relevance: can’t ask questions that have nothing to do with the case

28. Notebook Item 21 - Prosecution Questions • Use the provided Witness statement and write at least 10 questions that you would ask the witness if you were the prosecutor in his trial

29. The Defense Case

30. Defense Strategies • Reasonable Doubt • Challenge the Prosecution’s evidence • Affirmative Defense • Prove something other than the Prosecution’s story • Alibi, Self Defense, Insanity, Coercion/Duress, Consent (rape)

31. Defendant Testimony • Defendant may or may not testify based on defense attorney’s decision • 5th Amendment right to not testify • Prosecution can not suggest that this implies guilt

32. Closing the Trial • Rebuttal: evidence given to refute the opposing case • Closing Arguments: • Summarize Argument • Emphasize flaws in opposing case • Leave Jurors with final thoughts

33. Verdicts

34. Role of the Jury • Jury Instructions: judge decides on instructions and legal matters for jury to consider with input from both attorneys • Jury Deliberation: may take indefinite amount of time • Jury can only consider information presented in the trial • Unanimous decision required

35. Verdict • Guilty • Not Guilty • Hung Jury (6% of all cases) • Mistrial or • Allen Charge – judge sends the jury back into deliberations with the expectation that the minority is to concede