Criminal Trial

What is the first step to a criminal trial?

Jury selection (voir dire)

What is the second step to a criminal trial?

Opening statements

What is the third step to a criminal trial?

Presentation of the prosecution case

What is the fourth step to a criminal trial?

Presentation of the defense case

What is the fifth step to a criminal trial?

Closing argument

What is the sixth step to a criminal trial?

Jury instructions

What is the seventh step to a criminal trial?

Jury deliberation

What is the eighth step to a criminal trial?

Verdict on guilt

What is the ninth step to a criminal trial?

Sentencing phase (if the defendant is found guilty)

What is the tenth and last step to a criminal trial?

Judgement and sentence

What happens in jury selection and who does it?

• You find out about the jury

• Challenge for cause (can’t be fair and objective or biased)

• Peremptory challenges (6 in criminal court, 12 civil)

• Find jurors that dismiss batson challenge (the act of objecting the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex)

Attorneys/lawyers do this

What happens in opening statements and who does it?

• The prosecutions goes first (create a timeline, introduce witnesses, give theory, destroy defense case)

• Defense goes after (introduce witnesses, give theory, destroy prosecution case)

Attorneys/lawyers do this

What happens in presentation of the prosecution case and who does it?

• Evidence is presented through witness testimony and documents (evidence, witnesses)

• Prosecution’s direct examination

• Defense’s cross-examination

Attorneys/lawyers do this

What happens in presentation of the defense case and who does it?

• Defenses direct examination (evidence, witnesses)

• Prosecution’s cross-examination (counter, destroy prosecution, create reasonable doubt)

• Defendant has a right NOT to put on a case

Attorneys/lawyers do this

What happens in the closing argument and who does it?

• Argues the facts that came out during the case

• Prosecutions goes then defense

• Prosecution has an opportunity for “rebuttal”

Attorneys/lawyers do this

What happens in jury instructions and who does it?

• Prosecution and defense propose instructions for the jury

• Judge reads the instructions to the jury

• The jury instructions guide the next part

The judge does this

What happens in jury deliberation and who does it?

• (discussion, conversation/talk)

• Deliberations are guided by the jury instruction (come to consensus/agreement, verdict)

The jury does this

What happens in verdict on guilt and who does it?

• Guilty and /or not guilty: jury must be unanimous

• “Hung Jury”: non-unanimous (you do it again)

The jury does this

What happens in the sentencing phase and who does it?

(if defendant is found guilty)

• 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 (don’t have to tell the truth)

• Defendant can take the stand but s/he’s not under oath

Prosecution and defense does this

What happens in judgement and sentencing, and who does it?

(gavel)

• Judgement of guilty

• The sentence

The judge does this