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Introduction to the Criminal Trial

Introduction to the Criminal Trial. Jury Selection Opening STATEMENTS Presentation of the Prosecution Case Presentation of the Defense Case Closing ARGUMENTS Jury Instructions Jury Deliberation Verdict Sentencing Phase (if Defendant found guilty) Judgment and Sentence.

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Introduction to the Criminal Trial

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  1. Introduction tothe Criminal Trial

  2. Jury Selection • Opening STATEMENTS • Presentation of the Prosecution Case • Presentation of the Defense Case • Closing ARGUMENTS • Jury Instructions • Jury Deliberation • Verdict • Sentencing Phase (if Defendant found guilty) • Judgment and Sentence The 10 Parts of a Criminal Trial

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

  4. Prosecution goes first • Defense goes second • My Cousin Vinny 2) Opening STATEMENTS

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

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

  7. 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” 5) Closing ARGUMENT

  8. Prosecution and Defense propose instructions for the jury • Judge reads the instructions to the jury • The jury instructions guide the next part… 6) Jury Instructions

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

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

  11. 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 9) Sentencing Phase

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

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