introduction to the criminal trial
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Introduction to the Criminal Trial. 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

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Presentation Transcript
the 10 parts of a criminal trial
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
1) Jury Selection
  • Find out about the jury
  • Challenges for cause
  • Peremptory challenges
  • Trying to

find jurors to

dismiss

2 opening statements
2) Opening STATEMENTS
  • Prosecution goes first
  • Then Defense
3 presentation of prosecution case
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
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
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
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
7) Jury Deliberations
  • Deliberations are guided by the jury instructions
8 verdict on guilt
8) Verdict on Guilt
  • Guilty = JURY MUST BE UNANIMOUS
  • Not Guilty = JURY MUST BE UNANIMOUS
  • “Hung Jury” = non-unanimous
9 sentencing phase
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
10) Judgment and Sentence
  • Judgment of guilty
  • The sentence…
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