STEPS IN A CRIMINAL TRIAL. 1. OPENING STATEMENTS PROSECUTION ALWAYS GOES FIRST DEFENSE CAN DELAY...
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Transcript of STEPS IN A CRIMINAL TRIAL. 1. OPENING STATEMENTS PROSECUTION ALWAYS GOES FIRST DEFENSE CAN DELAY...
![Page 1: STEPS IN A CRIMINAL TRIAL. 1. OPENING STATEMENTS PROSECUTION ALWAYS GOES FIRST DEFENSE CAN DELAY UNTIL THEY BEGIN THEIR CASE. WHY? INTRODUCTION THIS IS.](https://reader035.fdocuments.in/reader035/viewer/2022072015/56649ed15503460f94bdfab6/html5/thumbnails/1.jpg)
STEPS IN A CRIMINAL TRIAL
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1. OPENING STATEMENTS
• PROSECUTION ALWAYS GOES FIRST
• DEFENSE CAN DELAY UNTIL THEY BEGIN THEIR CASE. WHY?
• INTRODUCTION
• THIS IS WHAT YOU WILL SEE
• END WITH WHAT YOU WANT THE JURY TO DO
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2. PROSECUTION DIRECT EXAM
• PROSECUTOR QUESTIONS THEIR WITNESSES
• BEGIN TO PROVE GUILT OF DEFENDANT
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3. CROSS EXAM BY DEFENSE
• DEFENSE ATTORNEY QUESTIONS OPPOSING WITNESSES
• GOALS: INCONSISTENCIES IN TESTIMONY TO IMPEACH THE WITNESS ESTABLISH REASONABLE DOUBT
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4. REDIRECT BY PROSECUTION
• AFTER DEFENSE CROSS, PROSECUTOR CAN ASK THEIR WITNESS ADDITIONAL QUESTIONS
• MUST BE BASED ON SOMETHING DISCUSSED IN CROSS EXAMINATION
• REPEAT PROCESS FOR ALL WITNESSES—THEN
PROSECUTION RESTS
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5. MOTION TO DISMISS
• MADE BY DEFENSE
• ALMOST ALWAYS DENIED BY THE JUDGE
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6. DEFENSE DIRECT EXAM
• OPENING STATEMENT (IF RESERVED)• DEFENSE ATTORNEY QUESTIONS
THEIR WITNESSES• SEEKS
REDUCE CREDIBILITY OF PROSECUTION CASE
CONTINUE TO ESTABLISH REASONABLE DOUBT
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7. CROSS EXAM BY PROSECUTION
• PROSECUTOR QUESTIONS OPPOSING WITNESSES
• GOALS: INCONSISTENCIES IN TESTIMONY TO IMPEACH THE WITNESS COUNTER DEFENSE EFFORT TO
ESTABLISH REASONABLE DOUBT
![Page 9: STEPS IN A CRIMINAL TRIAL. 1. OPENING STATEMENTS PROSECUTION ALWAYS GOES FIRST DEFENSE CAN DELAY UNTIL THEY BEGIN THEIR CASE. WHY? INTRODUCTION THIS IS.](https://reader035.fdocuments.in/reader035/viewer/2022072015/56649ed15503460f94bdfab6/html5/thumbnails/9.jpg)
8. REDIRECT BY DEFENSE
• AFTER PROSECUTION CROSS, DEFENSE ATTORNEY CAN ASK THEIR WITNESS ADDITIONAL QUESTIONS
• MUST BE BASED ON SOMETHING DISCUSSED IN CROSS EXAMINATION
• REPEAT PROCESS FOR ALL WITNESSES—THEN
DEFENSE RESTS
![Page 10: STEPS IN A CRIMINAL TRIAL. 1. OPENING STATEMENTS PROSECUTION ALWAYS GOES FIRST DEFENSE CAN DELAY UNTIL THEY BEGIN THEIR CASE. WHY? INTRODUCTION THIS IS.](https://reader035.fdocuments.in/reader035/viewer/2022072015/56649ed15503460f94bdfab6/html5/thumbnails/10.jpg)
9. CLOSING STATEMENT
• PROSECUTION ALWAYS GOES FIRST
• REVIEW OPENING STATEMENT
• THIS IS WHAT I TOLD YOU THAT YOU WOULD SEE---THIS IS WHAT YOU SAW
• SUMMARIZE YOUR VIEW OF CASE
• TELL THE JURY WHAT THEY MUST DO
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10. REBUTTAL ARGUMENT
• PROSECUTION RESPONDS TO DEFENSE CLOSING STATEMENT WITH ADDITIONAL ARGUMENTS
• LIMITED
• PROSECUTION GETS LAST WORD. WHY?
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11. JURY INSTRUCTIONS
• JUDGE INSTRUCTS THE JURY ON THE LAW THAT APPLIES IN THIS CASE.
• BOTH LAWYERS WORK WITH JUDGE TO SELECT THE APPROPRIATE INSTRUCTIONS
• JUDGE EXPLAINS BASIC LEGAL RESPONSIBILITIES OF JURORS
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12. VERDICT
• BEYOND A REASONABLE DOUBT
• CRIMINAL VERDICT MUST BE UNANIMOUS
• IF UNABLE TO AGREE JUDGE MAY DECLARE A MISTRIAL—
“A HUNG JURY”