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
• PROSECUTIONS direct examination
• DEFENSES cross-examination

6
4) Presentation of Defense Case

• The Defendant has a right NOT to put on a case!
• DEFENSES direct examination
• PROSECUTIONS 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/hes not under
  oath

12
10) Judgment and Sentence

• Judgment of guilty
• The sentence