Trial ProcedureTrial Procedure

Theory of a caseTheory of a case

Attorneys must present a logical argument Attorneys must present a logical argument demonstrating what really happened to the demonstrating what really happened to the juryjury

This is prepared prior to the caseThis is prepared prior to the case Must prepare the opponents theory of a Must prepare the opponents theory of a

case as wellcase as well

Truth has no real significance b/c jury Truth has no real significance b/c jury didn’t see what happeneddidn’t see what happened

Jury hears about what happens and base Jury hears about what happens and base their decision on thattheir decision on that

Jury DecisionsJury Decisions

Juries base their decisions on two thingsJuries base their decisions on two things• What they perceive as the truth (what is presented)What they perceive as the truth (what is presented)• How they like the information (evidence) placed How they like the information (evidence) placed

before them (how it is presented)before them (how it is presented)

JuryJury

Attorneys want a jury that they can sway Attorneys want a jury that they can sway and be sympathetic to their client’s and be sympathetic to their client’s positionposition

• They attempt to do this through jury loadingThey attempt to do this through jury loading

Jury LoadingJury Loading

Attorney selects jurors who will view their Attorney selects jurors who will view their client favorably and with empathyclient favorably and with empathy

Jury SelectionJury Selection

Summoned to County court house on a Summoned to County court house on a MondayMonday

Sometimes over 100 people are called for Sometimes over 100 people are called for a week’s servicea week’s service

Smaller group from within the larger group Smaller group from within the larger group are called into the courtroomare called into the courtroom

Attorneys ask a series of questions of the Attorneys ask a series of questions of the potential jurorspotential jurors

Attorneys are looking for anyone who Attorneys are looking for anyone who would not be a good fit for the case (in would not be a good fit for the case (in their opinion)their opinion)

Jurors are then selected or excusedJurors are then selected or excused

Options for picking a juryOptions for picking a jury

Change of venueChange of venue Change of venireChange of venire These two options can be used when an These two options can be used when an

impartial jury cannot be found (6impartial jury cannot be found (6thth amendment)amendment)

Requirements of a JurorRequirements of a Juror

Common senseCommon sense PatiencePatience couragecourage

Bench trialBench trial

Trial without a juryTrial without a jury Defendants can waive their right to a jury Defendants can waive their right to a jury

trial which gives them a bench trialtrial which gives them a bench trial

Opening StatementOpening Statement

First opportunity to tell the jury what the First opportunity to tell the jury what the case is all aboutcase is all about

Attorneys stress what the evidence will Attorneys stress what the evidence will showshow

Should always be positiveShould always be positive Important to keep eye contact with jury Important to keep eye contact with jury

and stand close to themand stand close to them

Direct ExaminationDirect Examination

Purpose is to obtain info from the witness Purpose is to obtain info from the witness so that the jury and judge remember itso that the jury and judge remember it

Its important to keep it simple and Its important to keep it simple and organizedorganized

Types of WitnessesTypes of Witnesses

Occurrence witness-most commonOccurrence witness-most common Expert WitnessExpert Witness DepositionsDepositions

Occurrence WitnessOccurrence Witness

Anyone who used their senses to witness Anyone who used their senses to witness something or did anything pertinent to the something or did anything pertinent to the casecase

Should describe in as much detail as Should describe in as much detail as possible (painting a picture for the jury)possible (painting a picture for the jury)

Expert WitnessExpert Witness

Anyone who has specialized knowledge Anyone who has specialized knowledge through training, experience, or educationthrough training, experience, or education

Can give their opinionCan give their opinion Ex: psychologist, MD, etcEx: psychologist, MD, etc

DepositionsDepositions

Transcript of the witness’s testimonyTranscript of the witness’s testimony Used when the witness is unavailable for Used when the witness is unavailable for

the jurythe jury Opposing side must have had the Opposing side must have had the

opportunity to question the witnessopportunity to question the witness

Preparing a WitnessPreparing a Witness

Instruct them how to say things, NOT what Instruct them how to say things, NOT what to say (illegal)to say (illegal)

Instruct witness to relax, speak clearly, Instruct witness to relax, speak clearly, and look at the jury when answering and look at the jury when answering questionsquestions

End of trial part 1End of trial part 1

When the defense or prosecution is done When the defense or prosecution is done presenting their witnesses & evidence the presenting their witnesses & evidence the attorney states, “your honor, the ______ attorney states, “your honor, the ______ rests”rests”

Cross ExaminationCross Examination

Try to get the witness to agree with your Try to get the witness to agree with your case (positive)case (positive)

Make witness seem less believable Make witness seem less believable (negative)(negative)

Must be prepared in advance by the Must be prepared in advance by the attorneyattorney

Preparing to be cross examinedPreparing to be cross examined

Attorney must prepare the witness for Attorney must prepare the witness for possible questionspossible questions

Instruct the witness to listen carefully to Instruct the witness to listen carefully to questionsquestions

Witness should only answer exactly what Witness should only answer exactly what was asked and not argue or guesswas asked and not argue or guess

RedirectRedirect

When an attorney puts a witness on the When an attorney puts a witness on the stand, the opposing side has cross stand, the opposing side has cross examined, the original attorney may ask examined, the original attorney may ask follow up questionsfollow up questions

Closing ArgumentsClosing Arguments

Purpose is clear and precise summary of Purpose is clear and precise summary of the casethe case

Must be prepared before handMust be prepared before hand

Physical EvidencePhysical Evidence

Is visualIs visual If it doesn’t help your case, don’t use itIf it doesn’t help your case, don’t use it Can be presented by both sides of the Can be presented by both sides of the

casecase

ObjectionsObjections

Stops the action in a trialStops the action in a trial Made when an attorney feels the opposing Made when an attorney feels the opposing

attorney is breaking a rule of evidenceattorney is breaking a rule of evidence

SustainedSustained

When a judge agrees with an objection When a judge agrees with an objection and allows itand allows it

OverruledOverruled

When a judge disagrees with an objection When a judge disagrees with an objection and doesn’t allow itand doesn’t allow it