CH 11: The Criminal Trial

Opening Statements - Who starts first?

The prosecution starts as they have the burden of proof beyond a reasonable doubt

• Defense will go after the prosecution concludes their opening statement

Opening statements |general|

Neither side has to make a opening statement, but it is not considered evidence

What makes a good opening statement?

• theme of the case, set the scene (storyteller)

• Compelling first impression

• Don’t argue, you are just stating facts

• Personalize your client (defendant or victim)

Presentation of evidence - Who starts?

The prosecution starts, but there has to be a presumption of innocence (client is innocent until proven guilty)

• often, the DA won’t present evidence, and more straight to a direct verdict of not guilty. (Believe that there isn’t enough evidence from prosecutor to convict) Judge will Issue this verdict and case is dismissed.

What does evidence include?

includes, not limited to..

• Witness test, written statements, audio/video recording, physical forensic, digital, demonstrative (display charts)

Direct Examinations

By the lawyer who calls the witness

• ex: lawyer calls witness up to stand and asks questions, not cross

Cross Examinations

By the opposing counsel (questioning)

• ex: will question the opposing counsels witness

Redirect Examination

By lawyer who called witness to clarify or explain issues raised in cross-examination (not common)

Face-to-Face confrontation - 6th Amendment

The 6th amendment doesn’t guarantee right face-to-face confrontation

• This is important for child victims → physical and psych well being may sufficiently outweigh defendants right to physically confront (ex: zoom calls, written)

Lay witness

testify to the 5 senses (regular people)

• no opinions on the matter, as they are not expert witnesses. If expressed, it will be overruled and the evidence will be disregarded

Expert Witnesses

allowed to apply opinions given area of expertise

Privileged communications

private convos/info shared within certain relationships are protected in court

ex: spouses, priests, doctors, lawyers (can be waived for domestic violence).

Privilege against self-incrimination

Prosecutor cannot call defendant as witness, 5th amendment

Real evidence

• fingerprints, DNA , clothing worn by victim

• weapons

• Evidence that connects suspect the suspect to the case, anything tangible

Testimonial evidence

• Expert witness

• Eye-witness

• law enforcement, victim

statement a person gives under oath,based on what someone says rather than objects or documents

Direct Evidence

Direct proves a fact without needed any inference

• “I saw the defendant steal the car."

• security camera recording showing the defendant committing a crime

Indirect Evidence/ Circumstantial

Requires inference by jurors and judge

(fingerprints may establish victim was in the car, but not that the defendant did it)

Rules of evidence - Relevance

Has to influence the case.

• Evidence is something that helps show if a fact is more or less likely to be true.

How other facts or evidence help support or weaken those facts

Material Fact

actual proof. The key facts that determine the outcome of the case

• apart of relevant evidence , example, if the defendant was the crime scene is a material fact and is RELEVANT to the case

Rules of evidence - Competence

means the evidence is what is claims to be, supported bu a competent person

• real deal, actual evidence, no lies

Hearsay

• most common objections

Information provided to a witness by a 3rd party, what another person said. Has to be your experience!

Issues with Hearsay

• Don’t know if its true or not

• No cross-examination of the person not present (3rd party)

• Memory can be altered

• Accountability

Exceptions to hearsay - Dying declaration

Statement made by someone near death, about the cause of death

Exceptions to hearsay - Excited Utterance

Statements made during or immediately after a shocking event

Exceptions to hearsay - Pretrial identification

Identification made before the trail, like picked out of a lineup, can be used as evidence.

• a witness saw the defendant at the scene of the crime and later identifies them in a police lineup

Exceptions to hearsay - Assertions of state of mind

when someone makes a statement about their own emotional, mental, or physical condition, and that statement is used to show their state of mind at the time it was made.

• A person telling someone, "I'm scared that someone is following me," could be used to show the person's state of mind (fear) at the time.

Exceptions to hearsay - Business & Government records

government/hospital/will doc that can be used, since it is credible and can’t be altered

Closing Statements - Who goes first?

Prosecution goes first → then the defense → and then the prosecutor can make a concluding argument

Closing Statement - What makes a good one?

thanking jury for attention and patience in the case

Closing Statements

After both prosecution & defense have completed their evidence

• still not considered evidence!

Purpose: Summarize the case jury & persuade the jury to convict or acquit (not guilty)

• prosecutor cannot make blatant appeals to racial prejudice

Jury Instructions- Parts

Instructions given by the judge

• Reminds that defendant is presumed innocent & prosecution bears burden (wants to prove guilt)

• Defines each elements of the crime, and defenses

• Consider only evidence introduced at trail

• May instruct juries on procedures to follow- can include lesser offense (manslaughter instead of 1st)

• Reasonable doubt → jurors are allowed to have this is evidence is unclear towards defendants guilt

Jury Deliberations

Many states can take a copy of instructions to room

• can send note to judge for legal or evidence questions/clarifying (judge decides answer & not favorable)

• Assumes that the jury will be able to accurately determine facts of the case - individually & collectively

Pros of Jury deliberations

Group decision making , fairness, unanimous (expectation)

Cons of jury deliebrations

Time consuming, bias, not a lot of research since it is behind closed doors

Hung/Deadlocked Juries

If jury cannot reach a unanimous verdict- asked to redeliberate

• Prosecution must decide if they want to…

  • Dismiss charges

  • Offer plea

  • Try defendant again with a new jury (no double jep)

3 factors that predict likelihood of hung jury

1. complexity and ambiguity of evidence

2. Group dynamics in jury deliberations (level of conflict)

3. Concerns about fairness or process that brought defendant to court

Announcing the verdict

Judge asks foreperson for final verdict → hands verdict to bailiff → foreperson or judge reads it

• if not guilty - defendant is released; state and judge cannot overturn or appeal