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
Find out about the jury Challenges for cause Peremptory challenges Trying to find jurors to dismiss
Prosecution goes first Then Defense
Evidence is presented through witness testimony and documents PROSECUTION’S direct examination DEFENSE’S cross-examination
The Defendant has a right NOT to put on a case! DEFENSE’S direct examination PROSECUTION’S cross-examination
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”
Prosecution and Defense propose instructions for the jury Judge reads the instructions to the jury The jury instructions guide the next part…
Deliberations are guided by the jury instructions
Guilty = JURY MUST BE UNANIMOUS Not Guilty = JURY MUST BE UNANIMOUS “Hung Jury” = non-unanimous
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
Judgment of guilty The sentence…