Bellwork Give 2 examples of how owning a pet could lead to breaking a law. What do you think is the legal responsibility of a pet owner if that pet bites someone on the pet owner’s property? Did you know? In the English City of Liverpool, a woman is prohibited by law to walk round topless, unless she is selling exotic fish at the market.

Today’s Agenda Bellwork Review hypothetical homework assignment Notes on closing/opening arguments and direct and cross examination Attorney’s/witnesses- prepare for trial\ -OR- 4. Jurors/judge/bailiff- webquest

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 Cause: interest in the case, ineligible for jury duty (felony conviction, not a citizen), can’t be fair and objective, biased. Unlimited challenges for cause. Peremptory: Six in criminal cases, unless it’s a capital offense then you get 12. You don’t have to give a reason (any reason or no reason) but according to Batson, you can’t use peremptory challenges to discriminate, especially race.

2) Opening STATEMENTS Prosecution goes first Then Defense

What are the characteristics of a good opening statement?

Theory Your side’s version of “what really happened” Logical Fit the legal requirements of the claims or defenses Be simple to understand Be consistent with the jurors’ common sense and their perception of how real life works

Theme Memorable word or phrase that summarizes your theory Emotionally compelling Incorporate jurors sense of fairness and universal truths Simple Focus on people, not issues Should translate “legalese” into simple, compelling, human propositions that are consistent with the attitudes jurors already hold about people, events, and life in general.

What to Do? Anticipate the other side’s weaknesses Tell a story Focus on the people, not the problem. Who are the important players? Personalize your party Make the story vivid. Re-create the incident. Make it emotional and dramatic KEEP IT SIMPLE. Be Logical and concise. Walk the jurors through the events in chronological order. Anticipate the other side’s weaknesses

What NOT to do? Don’t overstate the evidence Don’t include your personal opinions Don’t argue -at least not in an obvious way 

My Standard Outline Grabber beginning – quick summary of theme/theory that draws jurors in Introduction – who are you and who do you represent? (or do this first) Facts/Witnesses – Tell the story Paint the scenes and introduce the players as they come up Short close – return to/restate your theme Charge the jury – tell them what you’re going to ask them to find

3) Presentation of Prosecution Case Evidence is presented through witness testimony and documents PROSECUTION’S direct examination DEFENSE’S cross-examination

Direct versus Cross Ex Goals of Direct Let your witness tell their story Make your witness appear credible Witness Talks Focus should be on witness Goals of Cross Tell the witness what to say Make the witness appear un-credible Attorney Talks Focus should be on the attorney

Straight Man/Funny Man Direct is like a Comedy Team The attorney is the straight man The witness is the funny man

Form of the Question Open ended on direct Leading on cross Who… What… Where… When… How… Leading on cross …, didn’t you? …, isn’t it?

Question Order Want your questions to build or flow Think of it as a conversation (direct) or an explanation (cross) One question should follow from the next, until you get to the end of your big point Helps jury or judge so answers don’t seem to come out of the blue

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”

Closing Versus Opening Talk about facts to be established at trial Arguments from facts not allowed Little or no discussion of law Closing Work only with facts established in trial Argument from facts is the goal Some discussion of law, burden of proof, etc.

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… Each side provides “draft” jury instructions to the judge, and the judge decides what instructions to read to the jury. This may later become an appeal issue—what jury instruction should have been read and what shouldn’t have been read! The attorney doing closing argument should rely heavily on the jury instructions to remind the jury of their obligations!

7) Jury Deliberations Deliberations are guided by the jury instructions This picture was taken from the movie “12 Angry Men.”

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 There are less strict rules about the sentencing phase.

10) Judgment and Sentence Judgment of guilty The sentence… The judge