1. 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.

2. 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

3. Introduction to the Criminal Trial

4. 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

5. 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.

6. 2) Opening STATEMENTS
Prosecution goes first
Then Defense

7. What are the characteristics of a good opening statement?

8. 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

9. 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.

10. 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

11. 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 

12. 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

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

14. 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

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

16. 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?

17. 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

18. 4) Presentation of Defense Case
The Defendant has a right NOT to put on a case!
DEFENSE’S direct examination
PROSECUTION’S cross-examination

19. 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”

20. 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.

21. 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!

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

23. 8) Verdict on Guilt Guilty = JURY MUST BE UNANIMOUS
Not Guilty = JURY MUST BE UNANIMOUS
“Hung Jury” = non-unanimous

24. 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.

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