standard 11: criminal trial procedures

Standard 11: Criminal Trial Procedures

I can identify and describe the standard procedures in a criminal jury trial.

Learning Target 11.0I can activate background knowledge about criminal trial

assumptions.

Notebook Item 19 – Criminal Trial Assumptions

Write each statement and answer True or False.____ EVERYONE is presumed innocent until proven guilty.____Running away is probably an indication of guilt.____Eye witnesses are unreliable.____Lots of weak evidence adds up to strong evidence.____If you have nothing to hide, then you should have no problem answering questions in front of police or the court.____Juries should only make decisions based on evidence, not their emotions.

NB 19 - ContinuedWhich of the assumptions that you wrote down is most important for the criminal justice system to uphold. Explain why?

Assumptions of a Criminal Trial

Defendant is innocent until proven guilty

Burden of proof “beyond a reasonable doubt”

5th Am: protection against self-incrimination

Defendants do not have to testifyNot testifying does not mean they are guilty

LT 11.1: The JuryI can create sensory images to simulate the process of voir

dire.

Role of the Jury6th Am: right to “impartial jury” in all felony casesTraditionally 12 peopleMost jurisdictions require unanimity for verdictJury of Peers: jury must be from the community where the crime took place

Values and norms vary by location

Jury Selection“jury pool” requirements:CitizenOver 18Free of felony convictionsGood healthSufficiently intelligentLiterate, fluent in English

Jury SelectionVenire “to come”: people summoned for jury duty

Many will eliminated

Voir Dire “to speak the truth”: questioning to uncover biases among potential jurors Challenge:

For Cause – Bias identifiable

Peremptory – other reason (can not be racial)

Notebook Item 20 – Jury Selection

In the movie, do you think the jury decided the verdict based on the evidence or their emotions? Explain why.How does the voir dire process influence the outcome of a trial?

Learning Target 11.2I can synthesize, determine importance, and create

sensory images from a given mock trial case and write an opening statement as either a prosecutor or defense

attorney.

Opening StatementsSpeech to jury from each attorneySummary of evidencePreview of trialDesigned to weaken opponent’s caseIntended to provoke an emotional response (either sympathy or revulsion)Defense Opening Statement

LT 11.3 EvidenceI can infer how evidence affects the outcome of a trial.

What is Evidence?

Definition: anything that is used to prove the existence or nonexistence of a fact.Testimonial Evidence: statements from witnessesReal Evidence: aka physical evidence

Evidence Requirements

Prejudicial: can not bring up suspects prior record or character if it is not relevant to current caseRelevance: evidence must be relevant to current caseAuthentic: evidence is shown to be genuine by witness testimony

Pretrial ProceduresProsecution and Defense want to exclude each others’ evidencePretrial motions to suppress evidence

Judge will make a decision if the exclusionary rule applies

Evidence excluded can not be presented or mentioned to the jury

Direct vs. CircumstantialDirect EvidenceFactual, unquestionableExample: murder bullet proved to be fired from defendant’s gun, gun in defendant’s possessionDNA, eye witnesses, confession, body or weapon in possession

Circumstantial Evidence

Consistent with crime but could be coincidenceExample: murder bullet proved to be fired from a gun that is the same model as the defendant’s but not same specific gunMotive, means, threats

LT 11.4 Witness Testimony

I can question a witness based on given witness statement evidence.

Testimonial EvidenceLay witness: a person who can testify about factual information but is not an expertExpert witness: a professional who testifies about a specific subject

Ex: police, doctor, ballistics, psychologist

Witness TestimonyDirect Examination:

questions are asked to the witness by the attorney who calls the witness to testify

Cross Examination: questions are asked to the witness by the opposing attorneyPurpose to create doubt in mind of jurorsImpeachment

Redirect

Few Good MenBorder Patrol Witness Examination

HearsayDefinition: what someone heard someone sayTypically inadmissible in court because the original speaker can not be cross examinedExceptions: dying declarations, admissions of guilt, anything allowed by judge

Restrictions for Testimony

Leading Questions not allowed (exception: cross exam)

Ex: “So you noticed the defendant threatening the victim with a broken beer bottle.”

Witnesses must be reliable/competent

Ex: A witness who was under the influence at the time of crime

Restrictions for Testimony

Narration: allowing the witness to tell a story. Questions must be asked one at a timeOpinions: not allowed unless it’s a “professional opinion”Lack of Personal Knowledge: similar to hearsayRelevance: can’t ask questions that have nothing to do with the case

Notebook Item 21 - Prosecution Questions

Use the provided Witness statement and write at least 10 questions that you would ask the witness if you were the prosecutor in his trial

The Defense Case

Defense StrategiesReasonable Doubt

Challenge the Prosecution’s evidence

Affirmative DefenseProve something other than the Prosecution’s storyAlibi, Self Defense, Insanity, Coercion/Duress, Consent (rape)

Defendant Testimony

Defendant may or may not testify based on defense attorney’s decision5th Amendment right to not testify

Prosecution can not suggest that this implies guilt

Closing the TrialRebuttal: evidence given to refute the opposing caseClosing Arguments:

Summarize ArgumentEmphasize flaws in opposing caseLeave Jurors with final thoughts

Verdicts

Role of the JuryJury Instructions: judge decides on instructions and legal matters for jury to consider with input from both attorneysJury Deliberation: may take indefinite amount of time

Jury can only consider information presented in the trialUnanimous decision required

VerdictGuiltyNot GuiltyHung Jury (6% of all cases)

Mistrial orAllen Charge – judge sends the jury back into deliberations with the expectation that the minority is to concede