STEPS IN A CRIMINAL TRIAL

1. OPENING STATEMENTS

• PROSECUTION ALWAYS GOES FIRST

• DEFENSE CAN DELAY UNTIL THEY BEGIN THEIR CASE. WHY?

• INTRODUCTION

• THIS IS WHAT YOU WILL SEE

• END WITH WHAT YOU WANT THE JURY TO DO

2. PROSECUTION DIRECT EXAM

• PROSECUTOR QUESTIONS THEIR WITNESSES

• BEGIN TO PROVE GUILT OF DEFENDANT

3. CROSS EXAM BY DEFENSE

• DEFENSE ATTORNEY QUESTIONS OPPOSING WITNESSES

• GOALS: INCONSISTENCIES IN TESTIMONY TO IMPEACH THE WITNESS ESTABLISH REASONABLE DOUBT

4. REDIRECT BY PROSECUTION

• AFTER DEFENSE CROSS, PROSECUTOR CAN ASK THEIR WITNESS ADDITIONAL QUESTIONS

• MUST BE BASED ON SOMETHING DISCUSSED IN CROSS EXAMINATION

• REPEAT PROCESS FOR ALL WITNESSES—THEN

PROSECUTION RESTS

5. MOTION TO DISMISS

• MADE BY DEFENSE

• ALMOST ALWAYS DENIED BY THE JUDGE

6. DEFENSE DIRECT EXAM

• OPENING STATEMENT (IF RESERVED)• DEFENSE ATTORNEY QUESTIONS

THEIR WITNESSES• SEEKS

REDUCE CREDIBILITY OF PROSECUTION CASE

CONTINUE TO ESTABLISH REASONABLE DOUBT

7. CROSS EXAM BY PROSECUTION

• PROSECUTOR QUESTIONS OPPOSING WITNESSES

• GOALS: INCONSISTENCIES IN TESTIMONY TO IMPEACH THE WITNESS COUNTER DEFENSE EFFORT TO

ESTABLISH REASONABLE DOUBT

8. REDIRECT BY DEFENSE

• AFTER PROSECUTION CROSS, DEFENSE ATTORNEY CAN ASK THEIR WITNESS ADDITIONAL QUESTIONS

• MUST BE BASED ON SOMETHING DISCUSSED IN CROSS EXAMINATION

• REPEAT PROCESS FOR ALL WITNESSES—THEN

DEFENSE RESTS

9. CLOSING STATEMENT

• PROSECUTION ALWAYS GOES FIRST

• REVIEW OPENING STATEMENT

• THIS IS WHAT I TOLD YOU THAT YOU WOULD SEE---THIS IS WHAT YOU SAW

• SUMMARIZE YOUR VIEW OF CASE

• TELL THE JURY WHAT THEY MUST DO

10. REBUTTAL ARGUMENT

• PROSECUTION RESPONDS TO DEFENSE CLOSING STATEMENT WITH ADDITIONAL ARGUMENTS

• LIMITED

• PROSECUTION GETS LAST WORD. WHY?

11. JURY INSTRUCTIONS

• JUDGE INSTRUCTS THE JURY ON THE LAW THAT APPLIES IN THIS CASE.

• BOTH LAWYERS WORK WITH JUDGE TO SELECT THE APPROPRIATE INSTRUCTIONS

• JUDGE EXPLAINS BASIC LEGAL RESPONSIBILITIES OF JURORS

12. VERDICT

• BEYOND A REASONABLE DOUBT

• CRIMINAL VERDICT MUST BE UNANIMOUS

• IF UNABLE TO AGREE JUDGE MAY DECLARE A MISTRIAL—

“A HUNG JURY”