PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 13 Trial Procedure This chapter examines the procedures during the trial, including Opening statements Presentation of the case Closing arguments Directed verdicts Syndromes Subpoenas

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Opening Statements Prosecutor uses it to outline the evidence and theory of the case Statements not considered as evidence Defense may give opening statement immediately after the prosecution or may delay it until after the prosecution has rested

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Beyond a Reasonable Doubt Ultimate issue as to guilt or innocence required to be beyond a reasonable doubt Difficult to define Not a mere possible doubt An abiding conviction Moral certainty

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Right to Confrontation Defendant has a right to confront the witnesses against him or her—Sixth Amendment Includes the right to cross-examine the witnesses Right to observe the witness testifying against him or her California v. Green

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Subpoena Official notification that a person is required to appear before the court and give testimony. Failure to obey is a contempt of court. Subpoena duces tecum—order for the witness to bring certain items with him or her when they appear.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Examination of Witness Oath or affirmation Direct examination Except for preliminary questions, generally may not lead the witness or ask leading questions Cross-examination May ask leading questions Limited to subjects covered on direct examination Redirect examination Generally limited to matters covered on cross Recross-examination Generally limited to matters covered on re-direct

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Objections to Questions  Party objecting must specify reasons for objection.  If judge agrees with the objection, he or she will sustain the objection and direct the witness not to answer the question.  If the judge disagrees with the objection, the judge will overrule it and require witness to answer question.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Should Defendant Testify Decision is made by defendant, not his or her counsel—counsel will advise but decision rests with defendant. Prosecution cannot comment on the failure of the defendant to testify. Defendant does not have the right to present false testimony.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Various Insanity Standards M’Naghten Did not know what he was doing or did not know it was wrong Irresistible impulse Could not control his or her conduct Durham Act was caused by mental illness Substantial capacity Lacks substantial capacity to appreciate the wrongfulness of the conduct or to control it Present federal Lacks capacity to appreciate the wrongfulness of the conduct

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Syndromes Twinkies defense in Mascone murder case XYY Syndrome PMS Syndrome Battered Spouse Syndrome