criminal trial
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Criminal Trial. Mr. Whitaker Unit 7. Vocabulary. Acquittal—a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law. - PowerPoint PPT PresentationTRANSCRIPT
Criminal Trial
Mr. Whitaker
Unit 7
Vocabulary
Acquittal—a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law.
Appeal—the process of seeking a higher court’s review of a lowers courts decision for the purpose of correcting or changing the lowers court’s judgment or decision.
bench trial—a trial conducted without a jury, in which a judge makes the determination of the defendant’s guilt or innocence.
beyond a reasonable doubt—the standard used to determine the guilt or innocence of a person charged with a crime
Vocabulary
challenge for cause—a voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury.
Charge—the judge’s instructions to the jury following the attorneys’ closing arguments
circumstantial evidence—Indirect evidence that isoffered to establish, by inference, the likelihood of a fact that is in question.
closing arguments—arguments made by each side’s attorney after the cases for the plaintiff and defendant
have been presented
Vocabulary
cross-examination—the questioning of an opposing witness during trial.
direct evidence—evidence that establishes the existence of a fact that is in question without relying on inference.
direct examination—the examination of a witness by the attorney who calls the witness to the stand to testify.
Evidence-- anything that is used to prove the existence or nonexistence of a fact.
Vocabulary
expert witness—a witness with professional training or substantial experience qualifying her or him to testify on a certain subject.
hung jury—a jury whose members are divided in their opinions and cannot reach a verdict.
jury trial—a trial before a judge and a jury master jury list—the list of citizens in a court’s district
from which a jury can be selected; often compiled from voter-registration lists, driver’s license lists, and other sources.
Vocabulary
opening statements—the attorney’s statements to the jury at the beginning of the trial.
real evidence--evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury.
Testimony—verbal evidence given by witnesses under oath.
Verdict—formal decision made by the jury.
Speedy Trial
Sixth Amendment requires a speedy trial.
Why?
1. Defendant may be incarcerated
2. Person’s reputation (possible innocence)
Speedy Trial
No more than thirty days between arrest and indictment.
No more than ten days between indictment and arraignment.
No more than sixty days between arraignment and trial.
No issue on length of the trial
The Role of the Jury
Sixth Amendment guarantee to trial by jury.
Individual states can decide the issue of juries for misdemeanor cases.
All felony cases are entitled to a trial case
The Role of the Jury
Most jurisdictions require a unanimous decision for guilt or acquittal.
About half the states permit juries of less than twelve.
Louisiana, Montana, Oklahoma, Oregon and Texas permit less than unanimous jury decisions (None less than 3 dissenting votes)
Jury Size and Unanimity
Jury sizes are usually 12 (No declared size) A hang jury occurs when there is not an unanimous
decision
Self-Incrimination and Innocence
Fifth Amendment provides a safeguard against compelling a defendant to testify against his or herself.
Presumption of Innocence
1. Burden of proof lies with the state.
2. The defendant is presumed to be innocent.
Reasonable Doubt
Based on the belief that it is worse to convict an innocent person than to let a guilty person go free.
Standard of proof is high
Jobs Selection
Prosecution (3) Defense Attorneys (3) Judge (1) Bailiff (1) Defendant (1) Witnesses (3) Jurors (12) Court Reporter (1) Court Clerk (1)
Jury Selection
Voir Dire- Questions for potential jurors.
Read case out loud
Jurors Create Identities that include: race, sex,
occupation, ideas about the criminal justice system, education level, age, children or no children, five hobbies, and five random facts about their lives.
Jury Activity
Type out your identity Ensure you cover: race, sex, occupation,
ideas about the criminal justice system, education level, age, children or no children, five hobbies, and five random facts about their lives.
Daily Grade of 68 points When you are finished, print out your profile
and hang on to the paper for questioning
Prosecution and Defense
Based on your case, come up with 8 questions to ask the potential jury members
Questions that make the jurors unfit to serve Use the internet to research questions or
come up questions on your own Daily Grade of 68 points The Questions must be typed
Day Two Agenda
Intro to parts of the trial Prosecution and
Defense Preparation for the case
Jurors and other members jury project
Opening Statements
Not required. Each side may give
version as to facts and evidence he/she will present in trial.
The Role of Evidence
Used to prove existence or nonexistence of a fact. Testimonial EvidenceAverage citizen is a lay witness.One with substantial experience or training may be called an expert witness. Direct versus Circumstantial EvidenceDirect evidence establishes existence of fact without inference.Circumstantial evidence establishes fact by inference.
RelevanceTends to prove or disprove the fact in question.
The Prosecution’s Case
Prosecutor has the burden of proof.
Must show the substantial facts of the case.
Presents evidence through direct questioning of witnesses.
Cross-Examination
Defense is permitted to ask questions after the prosecution conducts its direct examination.
Prosecution may follow-up with redirect examination to clarify issues brought up by the defense in its cross-examination.
Defense is permitted a recross-examination.
The Defendant’s Case
Since the burden of proof lies with the state, the defense is not required to “put on a case.”
Creating a Reasonable Doubt
Defense focuses on weaknesses in the state’s case.
Defense Strategies
Alibi defenses.
Affirmative defenses.
1. Self-defense.
2. Insanity.
3. Duress.
4. Entrapment.
Rebuttal and Surrebuttal
Rebuttal includes prosecution’s presentation of evidence not used initially.
Surrebuttal is the defense cross-examining witnesses presented and offering any new witnesses of its own.
Closing Arguments
In most states, the defense goes first.
Provides summary of case.
Prosecution
Opening Statement (3 minutes) Direct examination for two witnesses (limited
to five minutes) (Cross-ex 3 minutes) Have a minimum of ten questions Closing Argument (3 minutes)
Must be written—Daily grade of 50 points
Defense
Opening Statement (3 minutes) Direct examination for two witnesses (limited
to five minutes) (Cross-ex 3 minutes) Have a minimum of ten questions Closing Argument (3 minutes)
Must be written—Daily grade of 50 points
Jurors and Other Members
Starting on page 328-335 Using a graphic organizer, find three main concepts
from each section that include:
Jury Selection, initial steps, Master jury list,
Increasing Jury list diversity, Venire, Voir Dire,
Challenging Potential Jurors, Peremptory
challenges, Race and Gender issues, Women
on the jury, and alternative jurors. You should have 33 concepts from each sections for
a daily grade of 66 points.
Trial Day
Job Roles and Rehearsal Trial
Final Steps
Judge provides instruction on legal principles and responsibilities of the jury.
Jury Deliberation Jury will be isolated during deliberation.
The Verdict A jury that is unable to reach a verdict is
called a hung jury.
Jurors
Must write out their reasons why they choose to rule in the way they did.
I will give out a handout to organize your thoughts.
Trial Grading
Prosecutors and Defense will receive 10 extra points on their test and receive a daily grade of 100 points
Jurors and other jobs will receive a daily grade of 100 points based off their decision handout