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Introduction to the Criminal Trial

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

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Introduction to the Criminal Trial

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  1. Introduction to the Criminal Trial

  2. 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

  3. 1) Jury Selection • Find out about the jury • Challenges for cause • Peremptory challenges • Trying to find jurors to dismiss

  4. 2) Opening Statements • Prosecution goes first • Then Defense

  5. 3) Presentation of Prosecution Case • Evidence is presented through witness testimony and documents • PROSECUTION’S direct examination • DEFENSE’S cross-examination

  6. 4) Presentation of Defense Case • The Defendant has a right NOT to put on a case! • DEFENSE’S direct examination • PROSECUTION’S cross-examination

  7. 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”

  8. 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…

  9. 7) Jury Deliberations • Deliberations are guided by the jury instructions

  10. 8) Verdict on Guilt • Guilty = JURY MUST BE UNANIMOUS • Not Guilty = JURY MUST BE UNANIMOUS • “Hung Jury” = non-unanimous

  11. 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

  12. 10) Judgment and Sentence • Judgment of guilty • The sentence…

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