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Standard 11: Criminal Trial Procedures. I can identify and describe the standard procedures in a criminal jury trial. Learning Target 11.0. I can activate background knowledge about criminal trial assumptions. Notebook Item 19 – Criminal Trial Assumptions.

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standard 11 criminal trial procedures
Standard 11: Criminal Trial Procedures

I can identify and describe the standard procedures in a criminal jury trial.

learning target 11 0
Learning Target 11.0

I can activate background knowledge about criminal trial assumptions.

notebook item 19 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
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
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 jury
LT 11.1: The Jury

I can create sensory images to simulate the process of voir dire.

role of the jury
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 Selection
  • “jury pool” requirements:
  • Citizen
  • Over 18
  • Free of felony convictions
  • Good health
  • Sufficiently intelligent
  • Literate, fluent in English
jury selection1
Jury Selection
  • Venire “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
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 2
Learning Target 11.2

I 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
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 evidence
LT 11.3 Evidence

I can infer how evidence affects the outcome of a trial.

what is evidence
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
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
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 vs. Circumstantial

Direct Evidence

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

  • 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
lt 11 4 witness testimony
LT 11.4 Witness Testimony

I can question a witness based on given witness statement evidence.

testimonial 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
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
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
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 testimony1
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
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
defense strategies
Defense Strategies
  • Reasonable Doubt
    • Challenge the Prosecution’s evidence
  • Affirmative Defense
    • Prove something other than the Prosecution’s story
    • Alibi, Self Defense, Insanity, Coercion/Duress, Consent (rape)
defendant testimony
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
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
role of the jury1
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
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