Criminal Trial

1. Criminal Trial Mr. Whitaker Unit 7

2. Vocabulary • Acquittal—a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law. • Appeal—the process of seeking a higher court’s review of a lowers courts decision for the purpose of correcting or changing the lowers court’s judgment or decision. • bench trial—a trial conducted without a jury, in which a judge makes the determination of the defendant’s guilt or innocence. • beyond a reasonable doubt—the standard used to determine the guilt or innocence of a person charged with a crime

3. Vocabulary • challenge for cause—a voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury. • Charge—the judge’s instructions to the jury following the attorneys’ closing arguments • circumstantial evidence—Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question. • closing arguments—arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented

4. Vocabulary • cross-examination—the questioning of an opposing witness during trial. • direct evidence—evidence that establishes the existence of a fact that is in question without relying on inference. • direct examination—the examination of a witness by the attorney who calls the witness to the stand to testify. • Evidence-- anything that is used to prove the existence or nonexistence of a fact.

5. Vocabulary • expert witness—a witness with professional training or substantial experience qualifying her or him to testify on a certain subject. • hung jury—a jury whose members are divided in their opinions and cannot reach a verdict. • jury trial—a trial before a judge and a jury • master jury list—the list of citizens in a court’s district from which a jury can be selected; often compiled from voter-registration lists, driver’s license lists, and other sources.

6. Vocabulary • opening statements—the attorney’s statements to the jury at the beginning of the trial. • real evidence--evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury. • Testimony—verbal evidence given by witnesses under oath. • Verdict—formal decision made by the jury.

7. Speedy Trial • Sixth Amendment requires a speedy trial. • Why? • Defendant may be incarcerated • Person’s reputation (possible innocence)

8. Speedy Trial • No more than thirty days between arrest and indictment. • No more than ten days between indictment and arraignment. • No more than sixty days between arraignment and trial. • No issue on length of the trial

9. The Role of the Jury • Sixth Amendment guarantee to trial by jury. • Individual states can decide the issue of juries for misdemeanor cases. • All felony cases are entitled to a trial case

10. The Role of the Jury • Most jurisdictions require a unanimous decision for guilt or acquittal. • About half the states permit juries of less than twelve. • Louisiana, Montana, Oklahoma, Oregon and Texas permit less than unanimous jury decisions (None less than 3 dissenting votes)

11. Jury Size and Unanimity • Jury sizes are usually 12 (No declared size) • A hang jury occurs when there is not an unanimous decision

12. Self-Incrimination and Innocence • Fifth Amendment provides a safeguard against compelling a defendant to testify against his or herself. • Presumption of Innocence • Burden of proof lies with the state. • The defendant is presumed to be innocent.

13. Reasonable Doubt • Based on the belief that it is worse to convict an innocent person than to let a guilty person go free. • Standard of proof is high

14. Jobs Selection • Prosecution (3) • Defense Attorneys (3) • Judge (1) • Bailiff (1) • Defendant (1) • Witnesses (3) • Jurors (12) • Court Reporter (1) • Court Clerk (1)

15. Jury Selection • Voir Dire- Questions for potential jurors. Read case out loud • Jurors • Create Identities that include: race, sex, occupation, ideas about the criminal justice system, education level, age, children or no children, five hobbies, and five random facts about their lives.

16. Jury Activity • Type out your identity • Ensure you cover: race, sex, occupation, ideas about the criminal justice system, education level, age, children or no children, five hobbies, and five random facts about their lives. • Daily Grade of 68 points • When you are finished, print out your profile and hang on to the paper for questioning

17. Prosecution and Defense • Based on your case, come up with 8 questions to ask the potential jury members • Questions that make the jurors unfit to serve • Use the internet to research questions or come up questions on your own • Daily Grade of 68 points • The Questions must be typed

18. Day Two Agenda • Intro to parts of the trial • Prosecution and Defense Preparation for the case • Jurors and other members jury project

19. Opening Statements • Not required. • Each side may give version as to facts and evidence he/she will present in trial.

20. The Role of Evidence • Used to prove existence or nonexistence of a fact. • Testimonial Evidence Average citizen is a lay witness. One with substantial experience or training may be called an expert witness. • Direct versus Circumstantial Evidence Direct evidence establishes existence of fact without inference. Circumstantial evidence establishes fact by inference. • Relevance Tends to prove or disprove the fact in question.

21. The Prosecution’s Case • Prosecutor has the burden of proof. • Must show the substantial facts of the case. • Presents evidence through direct questioning of witnesses.

22. Cross-Examination • Defense is permitted to ask questions after the prosecution conducts its direct examination. • Prosecution may follow-up with redirect examination to clarify issues brought up by the defense in its cross-examination. • Defense is permitted a recross-examination.

23. The Defendant’s Case • Since the burden of proof lies with the state, the defense is not required to “put on a case.” Creating a Reasonable Doubt • Defense focuses on weaknesses in the state’s case.

24. Defense Strategies • Alibi defenses. Affirmative defenses. 1. Self-defense. 2. Insanity. 3. Duress. 4. Entrapment.

25. Rebuttal and Surrebuttal • Rebuttal includes prosecution’s presentation of evidence not used initially. • Surrebuttal is the defense cross-examining witnesses presented and offering any new witnesses of its own.

26. Closing Arguments • In most states, the defense goes first. • Provides summary of case.

27. Prosecution • Opening Statement (3 minutes) • Direct examination for two witnesses (limited to five minutes) (Cross-ex 3 minutes) • Have a minimum of ten questions • Closing Argument (3 minutes) • Must be written—Daily grade of 50 points

28. Defense • Opening Statement (3 minutes) • Direct examination for two witnesses (limited to five minutes) (Cross-ex 3 minutes) • Have a minimum of ten questions • Closing Argument (3 minutes) • Must be written—Daily grade of 50 points

29. Jurors and Other Members • Starting on page 328-335 • Using a graphic organizer, find three main concepts from each section that include: Jury Selection, initial steps, Master jury list, Increasing Jury list diversity, Venire, Voir Dire, Challenging Potential Jurors, Peremptory challenges, Race and Gender issues, Women on the jury, and alternative jurors. • You should have 33 concepts from each sections for a daily grade of 66 points.

30. Trial Day • Job Roles and Rehearsal • Trial

31. Final Steps • Judge provides instruction on legal principles and responsibilities of the jury. Jury Deliberation • Jury will be isolated during deliberation. The Verdict • A jury that is unable to reach a verdict is called a hung jury.

32. Jurors • Must write out their reasons why they choose to rule in the way they did. • I will give out a handout to organize your thoughts.

33. Trial Grading • Prosecutors and Defense will receive 10 extra points on their test and receive a daily grade of 100 points • Jurors and other jobs will receive a daily grade of 100 points based off their decision handout