1. Lesson 6- Copy the following
Qualifications to be a Juror
Must be a U.S. Citizen
At least 18 years old
Speak/understand English
Be a resident of the State the trial is taking place
Cannot be a convicted felon (in most states)

2. The Trial Process

3. Trial courts listen to testimony Consider evidence
Purpose of Trials
Trial courts listen to testimony
Consider evidence
Decide the facts in disputed situations

4. Why are trials so formal?
Certain legal principles govern the court room:
In the way the two sides present their evidence
And how the judge or jury considers that evidence and makes a decision.
For Example: Burden of proof beyond a reasonable doubt.
This is to ensure that the process is fair.

5. Roles in a Trial
In a trial there are two parties, or sides, to each case
In a civil trial- the accuser is the plaintiff
In a criminal trial- the accuser is the prosecutor
This is always the government
Not the victim of the crime
Civil & Criminal trials- the person being accused of a crime is the defendant

6. Roles in a Trial Judges- presides over the trial
Protects the rights of those involved
Make sure the attorneys follow the rules of evidence and trial procedure

7. Roles in a trial
Jury- group of citizens who are sworn to give a verdict based on evidence presented to them in a court.
6th amendment guarantees the right to trial by jury in criminal cases
This right applies in both federal and state courts
7th amendment guarantees the right to trial by jury in civil cases
This right only applies to federal cases
Grand Jury- a group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial.

8. Roles in a Trial
Attorneys (lawyers)-represent the plaintiff and defendant
Collect all of the evidence and decide how to present it at trial
6th amendment to the U.S. Constitution guarantees the defendant the right to an attorney
Both in State and Federal trials
Public defenders- for those who cannot afford a lawyer

9. Witnesses Witnesses People with knowledge about the facts of the case.
They provide evidence through sworn testimony during the trial
Take an oath to tell the truth

10. Settling cases without a Trial
Most legal cases never go to trial
Civil cases usually result in out-of-court settlements
Agreements between two parties
97% of civil cases are settled out-of-court
Criminal cases usually result in a plea bargain
Defendant pleas guilty in exchange for being charged with a lesser crime (or fewer crimes)

11. Pros & Cons to Plea Bargains
Efficient
Save money
Ensures guilt if government’s case is weak
Helps relieve workload of courts
Cons-
Criminals may get off lightly
Encourages people to give up their rights to a fair trial.

12. Steps in a trial Opening Statement by Plaintiff/Prosecutor
Opening Statement by Defense
Direct Examination by Plaintiff/Prosecutor- witnesses are questioned
Cross Examination by defense-witnesses are questioned
Motions- If Prosecutor has not established a basic case the judge can end the case by granting a motion
Direct Examination by Defense-witnesses are questioned

13. Cross- Examination by Plaintiff/Prosecutor- witnesses are questioned
Closing Statement by Plaintiff/ Prosecutor
Closing Statement by Defense
Rebuttal Arguments-Plaintiff responds to defenses closing statement
Jury Instructions- Judge instructs the jury as to the law that applies in the case
Verdict- Unanimous decision by the jury is required for a verdict
If jury cannot reach a unanimous decision- Hung Jury
Case may be tried again

14. Juries Juries are an integral part of our democracy
Guaranteed by the constitution
6th and 7th amendment
Juries participate in creating justice and overseeing the judicial branch of government
Makes sure justice is impartial
Gives people a voice
Promotes sense of fairness

15. Youth Court
Youth Courts are used in some towns where teens who are accused of minor petty crimes are sent to a jury by their peers. Their peers decide their verdict and punishment. This allows the accused to stay out of the official court system.
Do you think a youth court would be a more equitable judicial process for a teen accused of a crime? Why or why not?

16. Jury or no Jury??? A jury is not required
In fact, not used as often as you would think
In civil cases either the plaintiff or the defendant may request a jury trial
In criminal cases the defendant decides

17. Would you choose a Jury?
Imagine that you are standing trial for stealing money from a friend. Your lawyer has advised you to ask for a jury trial. Will you choose a jury or not? Why?

18. Miranda V. Arizona Landmark Supreme Court Case- 1966
In original case- the defendant Ernesto Miranda was a 24 year old who was accused in 1963 of kidnapping, raping, and robbing an 18- year old woman
During a two-hour interrogation Miranda confessed to the crimes
Lawyers believe Miranda was not informed of his rights to have a lawyer and against self- incrimination.

19. Miranda was still found guilty even though his confession was taken out of evidence at trial (lots more evidence against him) sentenced to 30 years in prison
He was out on parole in He was murdered in Phoenix one month later.
Made it so a speech must be recited by law enforcement when detaining suspects
Ensure they are aware of their right to an attorney and against self-incrimination

20. Miranda Rights The Miranda Warning Reads:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

21. Index Card Activity Everyone has a card that has there role on it
Find a partner and explain your role to 5 people (just define it)
“Hello I am a __________________ and my role is _____________”