INTRODUCTION TO THE CRIMINAL TRIAL

The 10 Parts of a Criminal Trial

1) Jury Selection 2) Opening STATEMENTS 3) Presentation of the Prosecution Case 4) Presentation of the Defense Case 5) Closing ARGUMENT 6) Jury Instructions 7) Jury Deliberation 8) Verdict on Guilt 9) (if Defendant found guilty) Sentencing Phase 10) Judgment and Sentence

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

2) Opening Statements

Prosecution goes first Then Defense

3) Presentation of Prosecution Case Evidence is presented through witness

testimony and documents PROSECUTION’S direct examination DEFENSE’S cross-examination

4) Presentation of Defense Case The Defendant has a right NOT to put

on a case! DEFENSE’S direct examination PROSECUTION’S cross-examination

5) Closing Argument 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”

6) Jury Instructions

Prosecution and Defense propose instructions for the jury

Judge reads the instructions to the jury The jury instructions guide the next

part…

7) Jury Deliberations Deliberations are guided by the jury

instructions

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

9) Sentencing Phase 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

10) Judgment and Sentence

Judgment of guilty The sentence…