The Trial

I. Procedures A. Jury Selection

1. Impanel (select) a jury

2. Prosecutors and Defense lawyers pose questions to potential jurors (VOIR DIRE)

B. Opening Statements 1. Each side outlines evidence they intend to

present

2. Prosecution goes first

I. Procedures

C. Presenting Evidence 1. CASE-IN-CHIEF: Each side presents its case;

introduces material evidence, questions witnesses (Prosecution always presents first; once they have finished their case, the Defense presents)

2. DIRECT EXAMINATION: Attorneys question their own witnesses

3. CROSS-EXAMINATION: Opposing attorney questions witness (try to test and find weaknesses in the testimony)

I. Procedures

D. Closing Arguments 1. Once all evidence presented, each side makes a

closing statement, summarizing the trial2. Defense goes first

E. Instructions to the jurors 1. Judge instructs the jury on their role and

responsibilities 2. States the law that applies to the case3. Reminds them that they must think the defendant

is guilty “beyond a reasonable doubt” for a guilty verdict

I. Procedures

F. Jury Deliberations 1. Jury leaves courtroom and meets in jury room to

review evidence and vote on a verdict 2. Selects a foreperson to lead discussion

G. Verdict 1. Most states require unanimous verdict in

criminal cases2. HUNG JURY: jury can’t reach a unanimous

verdict (judge has to declare a mistrial; Prosecutor has to request another trial with a new jury or drop the charges)

II. Evidence

A. Two basic kinds of evidence 1. Direct Evidence

a. Evidence of one or more elements of the crime

b. Example – Joey sees Danny point a gun at Jesse and pull the trigger

2. Circumstantial Evidencea. Indirectly supports one or more elements of the crime;

have to make inferences

b. Example – Joey sees Danny with a smoking gun standing over Jesse’s dead body

II. Evidence

B. Rules of Evidence – determine how and when evidence can be introduced into court

1. Relevance a. Evidence must be relevant to caseb. Must help prove defendant’s guilt or innocence

2. Foundation a. Might need to lay a foundation to establish relevance of

evidenceb. Example – show the witness was in a position to see crime

3. Personal Knowledgea. Witnesses must have personal knowledge of what they

testify about

II. Evidence

B. Rules of Evidence (continued)4. Hearsay

a. Any statement made out of court (written or spoken) that is offered to prove the truth of that statement

b. Usually not admitted as evidence

5. Opinion Testimonya. With few exceptions, only people with special knowledge

and qualifications can give their opinions in a trialb. Attorneys must law a foundation that the person qualifies

as an expert

6. Argumentative Questions a. Can only ask witness questions to get facts from them