Standard 11: Criminal Trial Procedures I can identify and describe the standard procedures in a...
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Standard 11: Criminal Trial Procedures I can identify and describe the standard procedures in a criminal jury trial.
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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 - Continued
Which 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 testify
Not 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 Jury
6th Am: right to “impartial jury” in all felony cases
Traditionally 12 people
Most jurisdictions require unanimity for verdict
Jury of Peers: jury must be from the community where the crime took place
Values and norms vary by location
Jury Selection
“jury pool” requirements:
Citizen
Over 18
Free of felony convictions
Good health
Sufficiently intelligent
Literate, 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 Statements
Speech to jury from each attorney
Summary of evidence
Preview of trial
Designed to weaken opponent’s case
Intended 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 witnesses
Real Evidence: aka physical evidence
Evidence Requirements
Prejudicial: can not bring up suspects prior record or character if it is not relevant to current case
Relevance: evidence must be relevant to current case
Authentic: evidence is shown to be genuine by witness testimony
Pretrial Procedures
Prosecution and Defense want to exclude each others’ evidence
Pretrial 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. Circumstantial
Direct Evidence
Factual, unquestionable
Example: murder bullet proved to be fired from defendant’s gun, gun in defendant’s possession
DNA, eye witnesses, confession, body or weapon in possession
Circumstantial Evidence
Consistent with crime but could be coincidence
Example: murder bullet proved to be fired from a gun that is the same model as the defendant’s but not same specific gun
Motive, means, threats
LT 11.4 Witness Testimony
I can question a witness based on given witness statement evidence.
Testimonial Evidence
Lay witness: a person who can testify about factual information but is not an expert
Expert witness: a professional who testifies about a specific subject
Ex: police, doctor, ballistics, psychologist
Witness Testimony
Direct 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 attorney
Purpose to create doubt in mind of jurors
Impeachment
Redirect
Few Good Men
Border Patrol Witness Examination
Hearsay
Definition: what someone heard someone say
Typically inadmissible in court because the original speaker can not be cross examined
Exceptions: 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 time
Opinions: not allowed unless it’s a “professional opinion”
Lack of Personal Knowledge: similar to hearsay
Relevance: 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 story
Alibi, Self Defense, Insanity, Coercion/Duress, Consent (rape)
Defendant Testimony
Defendant may or may not testify based on defense attorney’s decision
5th Amendment right to not testify
Prosecution can not suggest that this implies guilt
Closing the Trial
Rebuttal: evidence given to refute the opposing case
Closing Arguments: Summarize Argument
Emphasize flaws in opposing case
Leave Jurors with final thoughts
Verdicts
Role of the Jury
Jury Instructions: judge decides on instructions and legal matters for jury to consider with input from both attorneys
Jury Deliberation: may take indefinite amount of time
Jury can only consider information presented in the trial
Unanimous decision required
Verdict
Guilty
Not Guilty
Hung Jury (6% of all cases)
Mistrial or
Allen Charge – judge sends the jury back into deliberations with the expectation that the minority is to concede
