INTRODUCTION TO THE CRIMINAL TRIAL

What do you know about criminal trials?

• In groups• On a sheet of paper:

• 1st - Brainstorm as many different steps in a trial your group can think of…What have you seen on TV? (5 minutes)

• 2nd – Put those steps in order [3 minutes]

The 10 Parts of a Criminal Trial• 1) Jury Selection• 2) Opening STATEMENTS• 3) Presentation of the Prosecution Case• 4) Presentation of the Defense Case• 5) Closing ARGUMENT• 6) Jury Instructions• 7) Jury Deliberation• 8) Verdict on Guilt• 9) (if Defendant found guilty) Sentencing Phase• 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• Then Defense

3) Presentation of Prosecution 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 statements• ARGUES the facts that came out during the case• Prosecution goes first• Defense goes second• Prosecution 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

If the jury finds the defendant…

Then……….

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…