Trial Procedures

Pleadings – papers filed with the beginning of a trial – establish the issues the court is being asked to decided Spell out allegations (claims or assertions) Defendants answers to the allegations

1 st Pleading is the plaintiff's complaint Complaint – a legal doc. Containing a short statement of the plaintiff's claim against the defendant Answer – formal written doc. that admits or denies allegations in complaint

Court wants to make facts known to all parties Depositions (people statements) Interrogatories (questioning of people)

“Informal” before a judge Might settle case before trial

Selecting the jury from a pool of citizens Judge supervises the attorneys Questioning of each juror Read Jury Picking Article

Each side’s attorneys tell what they will prove Plaintiff goes first Defendant next

Prosecutor presents all of state’s evidence Physical evidence Papers Affidavits Sworn statements Witnesses subpoenaed

Witnesses People who have observed events that are relevant to the case or trial Subpoena experts The defendant then has the opportunity to cross examine (test the truth)

When the plaintiff’s attorney rests, the defendant’s attorney get his/her chance Plaintiff can cross examine witnesses When all evidence is presented they rest the case.

Plaintiff goes first Then defendant Present a summary

Judge delivers Judge explains

Verdict = decision of jury Judgment = courts decision in a case Civil trial finds in favor of one side

Winner/Loser

Defendant arrested Arrested = deprived of freedom Warrants = a court order saying a person is charged of a crime and should be arrested. (Police can’t arrest without a warrant except in special cases)

Miranda v. Arizona The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self- incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.

Rights – Have the rights under the constitution Bail = money left with the court to assure the person will return to trial.

Search Warrant – court order allowing a search of an area If arrested may be searched without a warrant Impound- take possession

Suspect informed of charges and told rights. Or dismissed

Jury selection if defendant requests a jury Opening statement Evidence Closing statements Instruction to jury Deliberation Jury in criminal trial must be unanimous