chapter 13: the trial note: project management skills are very important to maintain a continual...
TRANSCRIPT
CHAPTER 13:CHAPTER 13: The TrialThe Trial
Note: Project Management skills are very important to maintain a continual movement forward for all facets of trial preparation. Waiting until the last week (or month) to talk to witnesses or obtain other data will result in defeat for the side that procrastinates.
Courtroom LayoutCourtroom Layout
Jury BoxJury Box Jury RoomJury Room Witness StandWitness Stand Judge’s BenchJudge’s Bench Clerk’s and Court-reporter’s tablesClerk’s and Court-reporter’s tables Attorneys’ TablesAttorneys’ Tables The BarThe Bar
Jury BoxJury Box
Jury RoomJury Room
Witness StandWitness Stand Next to BenchNext to Bench Next to Jury box for Next to Jury box for
observation and observation and evaluation by the evaluation by the juryjury
Judge’s BenchJudge’s Bench
Bench conferenceBench conference Bench TrialBench Trial
Clerk’s and Court-Reporter’s Clerk’s and Court-Reporter’s TablesTables
Court ReporterCourt Reporter Clerk not present Clerk not present
for all activitiesfor all activities
Attorneys’ TablesAttorneys’ Tables
Prosecution nearest Prosecution nearest juryjury
Defense farthest Defense farthest from juryfrom jury
No set ruleNo set rule
The BarThe BarSeparates the trial area from the public area
Beginning the TrialBeginning the Trial
State and Defendant must “join State and Defendant must “join issues”issues”
Pre-Selection (variety of sources Pre-Selection (variety of sources used)used)
Voir Dire or Jury SelectionVoir Dire or Jury Selection General QuestionsGeneral Questions Juror QuestionnairesJuror Questionnaires
Jury SelectionJury Selection
Preemptory ChallengesPreemptory Challenges Challenge for CauseChallenge for Cause
Striking the JuryStriking the Jury
Role of the ParalegalRole of the Paralegal
Helping Strike the JuryHelping Strike the Jury Body languageBody language Silent strikesSilent strikes Alternate jurorsAlternate jurors
Warning WitnessesWarning Witnesses Jury sequestrationJury sequestration Opening statementsOpening statements
The Case-in-ChiefThe Case-in-Chief
Direct ExaminationDirect Examination Role of the Paralegal – preparing Role of the Paralegal – preparing
witness for trialwitness for trial Preparation is not coachingPreparation is not coaching Focus witness Presentation of caseFocus witness Presentation of case Advising witness to look at the juryAdvising witness to look at the jury
Introduction of Evidence Introduction of Evidence During Direct ExaminationDuring Direct Examination
Physical EvidencePhysical Evidence Laying the FoundationLaying the Foundation RelevanceRelevance Foundation QuestionFoundation Question Admitting EvidenceAdmitting Evidence Improper FoundationImproper Foundation Legally Significant ConnectionLegally Significant Connection Unfairly PrejudicialUnfairly Prejudicial
Cross-ExaminationCross-Examination
Limit witness to yes or no answersLimit witness to yes or no answers Witnesses have the right to explain their Witnesses have the right to explain their
answeranswer Defense does not want to make witness Defense does not want to make witness
for the state more sympathetic to the for the state more sympathetic to the juryjury
Closed circuit testimony – for childrenClosed circuit testimony – for children Clearly established exceptions to the Clearly established exceptions to the
use of hearsayuse of hearsay
Redirect ExaminationRedirect Examination
Resting the Government’s CaseResting the Government’s Case
Motion for Directed VerdictMotion for Directed Verdict
Defense Case-In-ChiefDefense Case-In-Chief
Resting the Defense CaseResting the Defense Case
RebuttalRebuttal
Closing the EvidenceClosing the Evidence
Charge ConferenceCharge Conference
Closing ArgumentsClosing Arguments
Jury InstructionsJury Instructions
Jury DeliberationsJury Deliberations
MistrialMistrial
VerdictVerdict
Recap: Roles for the ParalegalRecap: Roles for the Paralegal
Helping to Strike the JuryHelping to Strike the Jury Warning WitnessesWarning Witnesses Preparing Witnesses for TrialPreparing Witnesses for Trial Reluctant WitnessesReluctant Witnesses Going to the SceneGoing to the Scene Keeping Track of the Jury InstructionsKeeping Track of the Jury Instructions
Multi-Media in the CourtroomMulti-Media in the Courtroom
Laptops with case infoLaptops with case info WiFi or Blue tooth WiFi or Blue tooth
accessaccess Access to InternetAccess to Internet Powerpoint and Legal Powerpoint and Legal
ProgramsPrograms Video and site photos Video and site photos
(exhibits)(exhibits) Development and Development and
creation of presentationcreation of presentation
Legal knowledge is crucial but presentation skills can have an important impact on the trial.
Texas Stats
End of Chapter 13End of Chapter 13