Introduction tothe Criminal Trial

The 10 Parts of a Criminal Trial

1. Jury Selection2. Opening STATEMENTS3. Presentation of the Prosecution Case4. Presentation of the Defense Case5. Closing ARGUMENTS6. Jury Instructions7. Jury Deliberation8. Verdict9. Sentencing Phase (if Defendant found

guilty) 10. Judgment and Sentence

1) Jury Selection Find out

about the jury

Challenges for cause

Peremptory challenges

Trying to find jurors to dismiss

2) Opening STATEMENTS

Prosecution goes first

Defense goes second

My Cousin Vinny

3) Presentation ofProsecution Case Evidence is

presented through witness testimony and documents

PROSECUTION’S direct examination

DEFENSE’S cross-examination

4) Presentation of

Defense Case The Defendant

has a right NOT to put on a case!

DEFENSE’S direct examination

PROSECUTION’S cross-examination

5) Closing ARGUMENT

NOT like opening statementsARGUES the facts that came out

during the caseProsecution goes first, defense

goes secondProsecution has an opportunity

for “rebuttal”

6) Jury Instructions

Prosecution and Defense propose instructions for the jury

Judge reads the instructions to the jury

The jury instructions guide the next part…

7) Jury Deliberations

Deliberations are guided by the jury instructions

8) Verdict on Guilt Guilty = JURY

MUST BE UNANIMOUS

Not Guilty = JURY MUST BE UNANIMOUS

“Hung Jury” = non-unanimous

9) Sentencing Phase 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

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

10) Judgment and Sentence

Judgment of guilty

The sentence…