AGENDA q Current News q Chapter 11 TRIAL

AGENDA q Current News q Chapter 11, TRIAL PROCEDURE q Class Jeopardy Game (time permitting) q Next week, quiz #3 1

CURRENT NEWS http: //www. washingtonexaminer. com/here-are-the-key-decisions-still-to-come-from-thesupreme-court/article/2622292 Who’s on first? https: //www. youtube. com/watch? v=k. Tc. RRa. XV-fg 2

TRIAL PROCEDURE What is the trial procedure? � Opening Statements � Reasonable doubt � Witnesses � Subpoena � Examination of Witnesses 3

TRIAL PROCEDURE CONT’D � Defense Presentation � Rebuttal by the prosecution � Not guilty by reason of insanity � Closing arguments � Case Law 4

TRIAL PROCEDURE CONT’D A trial is not a contest between the prosecution and the defense 5

TRIAL PROCEDURE CONT’D Search for the truth 6

OPENING STATEMENT • WHAT YOU EXPECT THE EVIDENCE TO SHOW • ROADMAP OF THE TRIAL • FAVORABLE/UNFAVORABLE FACTS • 1 ST CHANCE TO GET THE JURY ON YOUR SIDE • NOT ARGUMENT 7

OPENING STATEMENT � TELL THE STORY in a way that the jury can relate TELL THE STORY 8

OPENING STATEMENTS � Prosecution is the first to present its evidence Opening statement is very important to “grab your jury” https: //www. youtube. com/watch? v=G 6 O 51 y. ZAOg. A 9

OPENING STATEMENTS Defense Counsel, Opening Statement After the prosecuting attorney has completed the opening statement, the judge will often ask whether the defense attorney wishes to make an opening statement. The judge may delay the defense attorney’s opening statement until after the prosecution has presented its side of the case 10

DEFENSE COUNSEL, OPENING STATEMENT https: //www. youtube. com/watch? v=Iz. U 2 Zo 37 tpg Attorney Pamela Mackey's opening statement for her client Fred Mueller on Oct. 1, 2013. Mackey was hired to represent Mueller in his second murder trial for the death of his wife, Leslie in 2008. Jurors deadlocked in his first trial. https: //www. youtube. com/watch? v=k. Mt 6 b. R 1 fwu. I Here's a look at the Casey Anthony trial of 2011. Anthony was accused of killing her two-year-old daughter in 2008 . 11

CASEY ANTHONY TRIAL http: //www. cnn. com/2013/11/04/us/casey-anthony-trial-fast-facts/ http: //abcnews. go. com/US/casey_anthony_trial/photos/casey-anthony-trialevidence-photos-13724467/image-13839083 12

DEFENSE COUNSEL, OPENING STATEMENT Some defense attorneys believe that it is a mistake not to make an opening statement immediately following he opening statement of the prosecuting attorney. They theorize that the prosecuting attorney will have made a favorable impression on the jury and that it is dangerous not to challenge that statement immediately 13

REASONABLE DOUBT INNOCENT UNTIL PROVEN OTHERWISE 14

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REASONABLE DOUBT In the United States legal system, there are two standards of proof that must be met before the judge decides who wins a case. Civil courts use a lower standard of “preponderance of evidence”, while criminal courts use a higher standard of “beyond a reasonable doubt”. pre·pon·der·ance prəˈpänd(ə)rəns/ noun the quality or fact of being greater in number, quantity, or importance. 16

WITNESSES � Most of the prosecution’s evidence attempting to prove guilt beyond a reasonable doubt will be presented through the testimony of witnesses 17

GETTING YOUR WITNESS TO COURT � � One of the most difficult parts of trial Busy Schedules/inconvenient Afraid of retribution Doesn’t want to get the defendant in trouble

GETTING YOUR WITNESS TO COURT � � Several ways to get witnesses to court to testify Phone call when cooperative Mail subpoena when unsure or semi-cooperative Personal subpoena when not cooperative

WITNESSES https: //www. youtube. com/watch? v=J 215 p 0 P-ie. A (Witness to murder) https: //www. youtube. com/watch? v=Lmdcbt. Sw. X 6 Q (identification of suspect) Example of murder case, Newton liquor store robbery 10 year old eye witness Testimony of juvenile witnesses 20

JUVENILE WITNESSES � Can’t be tainted by life's experiences � Don’t know how to lie in this type of situation i. e. they will not think its best to say what they think the courts want them to say � Are very good witnesses, if they are frightened and like most of us, remember!! 21

EXAMINATION OF WITNESSES � The Oath- Although there is no requirement that the word of God be mentioned in the oath, it usually is included Witness is told to raise their right hand “Do you solemnly state that the testimony you will give in the matter now pending before this court, shall be the truth, the whole truth and nothing but the truth so help you God” 22

LEADING QUESTIONS Prosecutor cannot ask leading questions during direct examination however, the Defense can ask leading questions when they are examining the prosecutor’s witness. What is a leading question? When a question suggests the answer “You went into that house with the intent to kill didn’t you” 23

WITNESSES Page 252 The defendant is entitled to be confronted by the witnesses against him or her. As stated by the United States Supreme Court in California v. Green, this confrontation Clause. The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him. " There are three (3) confrontation steps: 24

Half way CALIFORNIA V. GREEN v Insures that the witness will give his statements under oath thus impressing him with the seriousness of the matter and guarding against the lie by the possibility of penalty for perjury per·ju·ry ˈpərj(ə)rē/ noun 1. the offense of willfully telling an untruth in a court after having taken an oath or affirmation. lying under oath, giving false evidence/testimony, making false statements, willful falsehood 25

CALIFORNIA V. GREEN CONT’D v Forces the witness to submit to cross examination, the “greatest legal engine ever invented for the discovery of the truth” v Permits the jury that is to decide the defendant’s fate to observe the demeanor of the witness in making his statement, thus aiding the jury in assessing his credibility 26

SUBPOENA � Persons are officially notified to appear in court as witnesses by a legal document known as a subpoena 27

SUBPOENA 28

WITNESSES FAILING TO APPEAR � A bench warrant for your arrest will be issued by the judge if a witness fails to appear California Code of Civil Procedure 1209 -- Acts of omissions constituting; stay of sentence pending appeal ("(a)(1) As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of [California Penal Code] Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. http: //codes. findlaw. com/ca/code-of-civil-procedure/ccp-sect-1209. html 29

REVIEW WITNESSES REASONS What can we do to help? Once again, review why a person may not want to appear in court 30

REASONS FOR NOT WANTING TO APPEAR After receiving a subpoena for court, some have major fears Gang members Fear of retaliation Witness to a murder or serious crime What can we do to help? CALIFORNIA WITNESS RELOCATION AND ASSISTANCE PROGRAM 31

CALWRAP The California Witness Relocation and Assistance Program (Cal. WRAP) provides protection of witnesses and their families, friends, or associates who are endangered due to ongoing or anticipated testimony in gang, organized crime, human trafficking, or narcotic trafficking cases or in other cases that have a high degree of risk to the witness. The Cal. WRAP reimburses California's prosecutorial agencies for expenses incurred by agencies during the protection of witnesses. 32

CALWRAP FUNDS � A total of $4, 855, 000 was allocated to the Cal. WRAP for distribution to California district attorneys’ offices in FY 2014 -2015. https: //oag. ca. gov/sites/all/files/agweb/pdfs/publications/fy 14 -15 -calwrap-ar. pdf The 347 new cases provided services to 392 witnesses and their 568 family members. During their participation in the Cal. WRAP, the witnesses provided testimony against 673 violent offenders. There were 269 gang-related cases with numerous others classified as high-risk 33

DIRECT EXAMINATION The prosecuting attorney will start the examination. The questioning of the witness by the side that calls him or her is known as direct examination Objections to questions, During the direct examination by the prosecutor, the defense attorney may object to some of the questions. The judge may rule on the objection 34

CROSS-EXAMINATION The defense attorney is permitted to crossexamination of the witness after the prosecutor has concluded questioning Defense attorney’s can lie, prosecutor cannot! Defense will use mean tactics https: //www. policeone. com/legal/articles/7322983 -5 -waysdefense-attorneys-try-to-trip-up-cops-and-how-to-beat-them/ 35

REFUSAL TO ANSWER QUESTIONS � The witness must answer all questions asked throughout the entire examination. The only exception is that if the answer to the question will incriminate the witness, the witness may refuse to answer. 36

EXAMINATION BY THE JUDGE AND JURY Although it is the primary responsibility of the prosecution and the defense to call and examine the witnesses whom they believe are necessary, witnesses may also be called by the trial judge if deemed necessary in the interest of justice. Information may furnish information not brought forth by the prosecutor or defense counsel Also, jury may have questions 37

INTRODUCTION OF PHYSICAL EVIDENCE � These are marked as exhibits and kept in the courtroom until the trial is over. � Remember, chain of custody is important 38

VIEW THE CRIME SCENE 39

VIEW THE CRIME SCENE CONT’D Jury was transported to Bakersfield from downtown Los Angeles to view the crime scene. https: //www. youtube. com/watch? v=URix. Hbz. PY 34 40

PROSECUTION RESTS After presentation of all the prosecution witnesses and physical evidence that the prosecuting attorney believes is necessary, the prosecuting attorney will usually state, “The prosecution rests, your honor 41

DEFENSE PRESENTATION Of the charge is murder, the defense will attempt to prove “Self Defense” Should the defendant testify? 42

REBUTTAL BY THE PROSECUTION Although the prosecution rested, new evidence may have been brought up during the defense. i. e. defense may have brought up that the defendant was somewhere else when the crime occurred. This “alibi” may raise doubt in the juries minds. If the prosecutor would be an injustice to society if they did not challenge alibi evidence or even perjured testimony 43

DEPOSITIONS Sometimes during a trial, a witness for one side or the other is unable to attend court to testify, yet the testimony of that witness is material to the case They are then deposed (under oath) Then, this statement is read to the jury 44

VARIOUS INSANITY DEFENSE STARDARDS � M’Naghten- Didn’t know what he/she was doing or didn’t know it was wrong � Irresistible impulse- Could not control his conduct � Durham- The criminal act was caused by his mental illness � Substantial Capacity- Lacks capacity to appreciate the wrongfulness of his conduct 45

CLOSING ARGUMENT � � Last chance to talk to jury Explain why the defendant is guilty/innocent or prosecution has not proved case Revisit story promised in opening statement Remind jury what they promised in jury selection

CLOSING ARGUMENT � Make the jury believe your side is the right side Use evidence/lack of evidence � Tell the jury to vote guilty/not guilty �

CLOSING ARGUMENTS O J Simpson Murder Trial Closing statement of Defense Attorney Johnnie Cochran https: //www. youtube. com/watch? v=I 611 FPd. ZG 2 k 48

REVIEW QUESTIONS 1. 2. 3. What is the purpose of the opening statement? What amendment guarantees a defendant the right to be confronted with the witnesses against him or her? Define a leading question 49

QUESTIONS? ? Next week, is the last quiz Also, we will be doing a class exercise regarding the court procedures. The syllabus for week 14 indicates a ride along or sitting in on a court proceeding. If you chose this assignment, let me know your plans. Ride along activities should have already been processed. 50