Trial Court ProcessProcess and Definition

Bellringer Read Pages- 506-511 1) Give two examples of The Special

Courts, and describe what types of cases they handle?

2) What is jurisdiction? What makes a case fall within the jurisdiction of the federal court system (see chart at top of p. 508)

3) When do the federal court systems have exclusive jurisdiction, and when do they have concurrent jurisdiction?

Step 1 – You are arrested Typically you will handcuffed and taken to the precinct in

which the arrest occurred for processing. At the precinct a police officer will interview you and get your

basic information. You will be fingerprinted and taken to Central Booking before

your arraignment with the judge. Arraignment – a formal reading of criminal charges in the

presence of the defendant At this point the defendant will enter a plea. Typically these

will either be” guilty” or “not guilty”. Plea Bargain – Plead guilty to prosecution in exchange for

lesser charges. You might also have to give up information about someone

else.

Step 2 - Bail Most of the time the judge will set your bail. Bail – in exchange for a certain amount of money (or

property) the defendant will be allowed to go home to await the trial.

In some instances the defendant will be considered a danger to society or a flight risk, and will not receive bail.

The bail amount usually correlates to the severity of the alleged crime.

If the defendant cannot afford to pay bail, he must stay in jail to await trial or utilize a bail bondsman.

If the defendant does not return on the trial date the bail will be forfeited. Bail bondsman often pay bounty hunters to track down missing defendants.

Step 3 - Preliminary Hearing Your first court appearance is called the

preliminary hearing. Here the judge will determine whether

there is probable cause to believe that A) a crime was committed and B) You committed that crime.

If the judge determines there is not sufficient cause to go to trial, the case will be dismissed and you will be released.

Otherwise the judge will bind you over for trial.

The Trial – Step 1 – Jury Selection

Juries range from 6-12 people. Jurors are selected from a jury pool. (These people

have been called in for “jury duty”. Typically, the jury box (in the court room) will be filled

with the first jurors selected by the court clerk. Voir Dire – Lawyers will interview each juror to

discover if there is any bias that could affect their view on the case.

If either side decides a juror should be dismissed they can request that person be dismissed from the trial for cause. (Judge can decide whether to dismiss)

Peremptory Challenges – Lawyers get a set amount of times they can dismiss a juror without explanation.

When both sides are happy, the jury is sworn in and those not selected are dismissed.

The Trial – Step 2 – Opening Statements

The purpose of the Opening Statements by each side is to tell jurors something about the case. It can only include facts and cannot be argumentative.

The trial begins with the opening statement of the party (side) with the burden of proof.

Burden of Proof – The side that must prove its case in order to win the trial. (Criminal Case – Prosecution, Civil – Plaintiff)

Criminal Cases – The Burden of Proof is defined as proving guilt “beyond a reasonable doubt”. (Very Sure)

The defendant does not have to prove innocence.

Civil Cases – The Burden of Proof is defined as proving fault “by a preponderance of the evidence”. (Pretty Sure)

The Trial – Step 3 - Evidence

The heart of the case is the presentation of evidence. Direct Evidence – Evidence that speaks for itself

Eyewitness accounts, a confession, a weapon, fingerprints Circumstantial Evidence – Evidence that suggests a

fact by implication or inference. It hints at something. Appearance of the scene of the crime, testimony that

suggests a connection, physical evidence that suggests criminal activity.

All cases rely on both kinds of evidence, but direct evidence is typically more desired by the prosecution and more convincing to the jury. (Example: a smoking gun)k

The Trial – Step 4 – Direct Examination

Lawyers for the prosecution (Civil – Plaintiff) begin the presentation by calling witnesses.

The lawyers will ask question of their witnesses to provide direct and circumstantial evidence to help their argument.

Witnesses cannot state opinions or give conclusions unless they are expert witnesses, people qualified in a particular field. Example – a doctor can share his opinion on the effect of drugs My Cousin Vinny

Lawyers cannot ask leading questions. Leading questions are questions that suggest the answers the lawyers want you to say. “Isn’t it true….”

An objection can be made by the opposing lawyers and the judge can sustain (accept) or overrule (ignore) the objection.

The Trial – Step 5 – Cross-Examination

When the lawyer for the prosecution has finished questioning a witness the opposing lawyer can cross examine that witness.

Cross-Examination – Opportunity to question the other sides witnesses. Leading questions are allowed.

Goals of Cross-Examination 1) Ask leading questions to establish the witness is

hostile towards their client. 2) Ask questions that could impeach the witness by

reducing their believability and credibility. 3) Establish background information about the witness

that shows they are biased against the defendant. 4) Confuse the witness into accidentally providing

evidence that helps your client. A Few Good Men

The Trial – Step 6 – Motion to Dismiss

At the conclusion of the prosecution (or plaintiff’s) presentation of evidence the defense can ask that the trial be dismissed.

Many times, lawyers will argue the evidence presented was not strong enough to find the defendant guilty (or liable).

Directed Verdict – Criminal Case where the judge dismisses the case and the defendant is free.

Dismissal – Civil Case where the judge dismisses the lawsuit and the trial ends.

The Trial – Step 7 – Presentation of

Evidence for Defense The Defense does not have to call witnesses or present

evidence. (Remember, the burden of proof is on the prosecution. Innocent until proven guilty)

Defense presents their evidence and witnesses. Prosecution (or Plaintiff) can then cross examine the

witnesses. Basically a repeat of the what the prosecution already

did.

The Trial – Step 8 - Rebuttal

After the defense has presented their evidence the prosecution or plaintiff can rebuttal.

Rebuttal – Opportunity to refute the arguments and evidence presented by the defense.

This can only include new evidence and new witnesses not previously presented in the trial.

Sometimes called “surprise evidence”

The Trial – Step 9 – Final Motions

Once again, at the conclusion of the defense’s testimony either side can ask for a directed verdict.

The goal here is to avoid leaving it up to the jury.

The judge can decide whether to dismiss the case or submit it to the jury.

The Trial – Step 10 – Closing Arguments

Lawyers for both sides have the opportunity to talk directly to the jury in their closing arguments.

Closing Arguments – Summarizing their case and explaining how to jury should decide the case.

The Defense will always explain AGAIN that the burden of proof is on the prosecution.

Law and Order

The Trial – Step 11 - Instructions to the Jury

The judge will now give instructions to the jury. He will explain the burden of proof and how they

should go about deciding the verdict. He will explain to the jury that they must focus only on

the facts presented in the trial. When someone is on trial for multiple crimes, the

judge will make sure the jury knows they decide each charge individually.

The Trial – Step 12 – Jury Deliberation

After the jury instructions the jury will go to the jury room and begin discussing the case.

The jurors must elect a foreperson. This is the person in charge of the discussion and person who reads the verdict to the judge.

If the jury cannot come to a decision by the end of the day they will be sequestered, or housed in a hotel or secluded location.

If the jurors cannot agree on a verdict, a hung jury is the result. This is considered a mistrial.

Mistrial – trials that are not successfully completed and have to held again.

The Trial – Step 13 - Verdict

After reaching a decision, the jury notifies the bailiff, who notifies the judge.

The decision is announced in front of the court. In a criminal case the verdict is “guilty” or “not

guilty” of the charges. OJ Simpson In a civil case if the jury decides the plaintiff

wins, they will also set out how much in damages the defendant must pay.

Definitions

Complete the definitions.

If you finish all the definitions by the beginning of next class, you can receive 25 points extra credit.