Criminal Trial

Mr. Whitaker

Unit 7

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

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 isoffered 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

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.

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.

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.

Speedy Trial

Sixth Amendment requires a speedy trial.

Why?

1. Defendant may be incarcerated

2. Person’s reputation (possible innocence)

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

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

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)

Jury Size and Unanimity

Jury sizes are usually 12 (No declared size) A hang jury occurs when there is not an unanimous

decision

Self-Incrimination and Innocence

Fifth Amendment provides a safeguard against compelling a defendant to testify against his or herself.

Presumption of Innocence

1. Burden of proof lies with the state.

2. The defendant is presumed to be innocent.

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

Jobs Selection

Prosecution (3) Defense Attorneys (3) Judge (1) Bailiff (1) Defendant (1) Witnesses (3) Jurors (12) Court Reporter (1) Court Clerk (1)

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.

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

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

Day Two Agenda

Intro to parts of the trial Prosecution and

Defense Preparation for the case

Jurors and other members jury project

Opening Statements

Not required. Each side may give

version as to facts and evidence he/she will present in trial.

The Role of Evidence

Used to prove existence or nonexistence of a fact. Testimonial EvidenceAverage citizen is a lay witness.One with substantial experience or training may be called an expert witness. Direct versus Circumstantial EvidenceDirect evidence establishes existence of fact without inference.Circumstantial evidence establishes fact by inference.

RelevanceTends to prove or disprove the fact in question.

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.

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.

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.

Defense Strategies

Alibi defenses.

Affirmative defenses.

1. Self-defense.

2. Insanity.

3. Duress.

4. Entrapment.

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.

Closing Arguments

In most states, the defense goes first.

Provides summary of case.

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

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

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.

Trial Day

Job Roles and Rehearsal Trial

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.

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.

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