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Introduction to the Criminal Trial. Jury Selection Opening STATEMENTS Presentation of the Prosecution Case Presentation of the Defense Case Closing ARGUMENTS Jury Instructions Jury Deliberation Verdict Sentencing Phase (if Defendant found guilty) Judgment and Sentence.
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Jury Selection • Opening STATEMENTS • Presentation of the Prosecution Case • Presentation of the Defense Case • Closing ARGUMENTS • Jury Instructions • Jury Deliberation • Verdict • Sentencing Phase (if Defendant found guilty) • Judgment and Sentence The 10 Parts of a Criminal Trial
Find out about the jury • Challenges for cause • Peremptory challenges • Trying to find jurors to dismiss 1) Jury Selection
Prosecution goes first • Defense goes second • My Cousin Vinny 2) Opening STATEMENTS
Evidence is presented through witness testimony and documents • PROSECUTION’S direct examination • DEFENSE’S cross-examination 3) Presentation ofProsecution Case
The Defendant has a right NOT to put on a case! • DEFENSE’S direct examination • PROSECUTION’S cross-examination 4) Presentation ofDefense Case
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” 5) Closing ARGUMENT
Prosecution and Defense propose instructions for the jury • Judge reads the instructions to the jury • The jury instructions guide the next part… 6) Jury Instructions
Deliberations are guided by the jury instructions 7) Jury Deliberations
Guilty = JURY MUST BE UNANIMOUS • Not Guilty = JURY MUST BE UNANIMOUS • “Hung Jury” = non-unanimous 8) Verdict on Guilt
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 9) Sentencing Phase
Judgment of guilty • The sentence… 10) Judgment and Sentence