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					                    Trial Procedure


1. Opening Statement
   -- not allowed to argue.
   -- simply tell the jury what the case is about from your
   vantage point; tell them what they can expect to see.
   -- like giving an orientation to your case, not arguing it.
   … examples:
   [your own examples:]
       • case involving a burglary of a PlayStation
       • case involving a incest of an adopted daughter
                    Trial Procedure


1. Opening Statement
   -- not allowed to argue.
   -- simply tell the jury what the case is about from your
   vantage point; tell them what they can expect to see.
   -- like giving an orientation to your case, not arguing it.
                            Question:
   … examples:
            What do you think the prosecutor said
   [your own examples:]
           in opening statement for the rape case
          we read about in “false a PlayStation
       • case involving a burglary ofcases” earlier in
                        the semester?
       • case involving a incest of an adopted daughter
    what did
   prosecutor
say in opening   0
  statement in   0
 rape case we    0
  read about?
                    Trial Procedure


1. Opening Statement
   -- not allowed to argue.
   -- simply tell the jury what the case is about from your
   vantage point; tell them what they can expect to see.
   -- like giving an orientation to your case, not arguing it.
                              Question:
   … examples:
             What do you think the defendant’s
   [your own examples:]
               opening statement was like?
       • case involving a burglary of a PlayStation
       • case involving a incest of an adopted daughter
defendant’s
  opening
 statement    0
              0
              0
                      Trial Procedure


2. Plaintiff’s Case
    -- call one plaintiff’s witness at a time
    -- witness testifies (direct testimony)
    -- then is subjected to cross examination
    -- then redirect (if needed) and re-cross (if needed)
        (excused unless needed further)
    -- repeat this procedure until you are out of witnesses
                      Trial Procedure


2. Plaintiff’s Case
                                                      illustration
    -- call one plaintiff’s witness at a time
   Assume the plaintiff’s case has 5 witnesses
    -- witness testifies (direct testimony)
             ¶1     direct, then cross
    -- then is subjected to cross examination
             ¶2     direct, then cross
    -- then redirect (if needed) and re-cross (if needed)
             ¶3     direct, then cross
         (excused unless needed further)
             ¶4     direct, then cross
    -- repeat this procedure until you are out of witnesses
             ¶5     direct, then cross

           “Plaintiff rests”
                    Trial Procedure


2. Plaintiff’s Case/ Defendant’s Case
                                                     illustration
   -- call one plaintiff’s witness at a time
  The defense goes next (assume a 3 witnesses)
   -- witness testifies (direct testimony)
            Δ1     direct, then cross
   -- then is subjected to cross examination
            Δ 2 direct, then cross
   -- then redirect (if needed) and re-cross (if needed)
           Δ3      direct, then cross
   -- repeat this procedure until you are out of witnesses
         Defense rests
                    Trial Procedure


2. Plaintiff’s Case/ Defendant’s Case
                                                     illustration
  Plaintiff can elect “rebuttal”
   -- call one plaintiff’s witness at a time
           ¶ 6 direct, then cross
   -- witness testifies (direct testimony) But can only be
           ¶ 7 direct, then cross          for rebuttal
   -- then is subjected to cross examination
                                           purposes; not for
            ¶ 8 direct, then cross
                                           new or forgotten
   -- then redirect (if needed) and re-cross (if needed)
         Plaintiff rests                   evidence
   -- repeat this procedure until you are out of witnesses
                    Trial Procedure


2. Plaintiff’s Case/ Defendant’s Case
                                                       illustration
  The defense then has the right of “surrebuttal”
   -- call one plaintiff’s witness at a time
           Δ 4 direct, then cross
   -- witness testifies (direct testimony)     Again, only for
           Δ 5 direct, then cross              rebuttal purposes
   -- then is subjected to cross examination
         Defense (if needed) and re-cross (if needed)
   -- then redirectrests
   -- repeat this procedure until you are out of witnesses
   -- Defendant takes his/her turn (same process)
                    Trial Procedure


3. Jury Instructions (Jury Indoctrination)
   -- extremely important
   -- judge instructs the jury on what the law says
       [e.g.,]: if the jury doesn’t know that self-defense is a
       defense to the charge of battery, how is it going to be
       able to judge who is innocent or guilty?
       [e.g.:] the jury needs to know that (a) consent is a
       defense to rape; and (b) what both rape and consent
       consist of
   -- jurors are told what the elements of the offense are, what
   the defenses are, what the burden of proof is, and how to
   properly discharge their function.
                    Trial Procedure


3. Jury Instructions (Jury Indoctrination)
                                                  illustration
   -- extremely important
Burden of Proof: the jury on what the law says
   -- judge instructs
       [e.g.,]: if the jury doesn’t know that self-defense is a
 1. criminal = beyond a
       defense to the charge of battery, how is it going to ???
                                                        90% be
 reasonable doubt who is innocent or guilty?
       able to judge
       [e.g.:] the jury needs of
 2. civil = preponderance to know that (a) consent is a
                                                  50%
       defense to rape; and (b) what both rape and consent
 evidence
       consist of
   -- jurors are told what the elements of the offense are, what
   the defenses are, what the burden of proof is, and how to
   properly discharge their function.
                    Trial Procedure


4. Closing Argument
   -- most important part of the trial
   -- studies show it is most central to the jury’s verdict
   -- this is where each side takes turns arguing what it
   believed was proven in the trial
5. Deliberation and Verdict
   -- retire to the jury room, foreperson selected
   -- begin deliberations (secret)
   -- unanimity is generally required (but not in all states)

				
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posted:2/5/2011
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