Anatomy of a Trial Jury Selection Trial by
Anatomy of a Trial
Jury Selection
Trial by Jury • Juries are created by selecting a “random” pool of people over 18 in the jurisdiction the case is being tried within. • Usually, jurors receive a questionarre upon arrival, and then are further questioned by the judge and lawyers in the courtroom. • Jurors are actually not selected, so much as not rejected. They can be rejected for many reasons. • Many trial lawyers believe that cases are won or lost during jury selection.
Opening Statements
Opening Statements • This is the lawyer’s first direct interaction with the Jury. • Each side has a chance to tell their side of the case, and explain to jurors what is going to be happening during the trial. • Nothing is said is evidence, although you are limited to taking about what you reasonably expect will come out during trial. • Cannot be argumentative. • This is a crucial part of the trial, as most jurors actually make up their minds during opening statements.
Opening Statement
Prosecution’s Case in Chief
The Prosecution • The Prosecution has the burden of proof. • Every element of the crime must be proven beyond a reasonable doubt.
Direct Examination of Prosecution Witnesses • Questions are asked of the witness by the attorney. • Must be open-ended, meaning they do not suggest an answer. • Witnesses answers must be responsive, and cannot go into narrative. • During questioning, there are Rules of Evidence that must be followed, the other attorney may object if they believe a rule has been broken.
Di Direct Examination
Cross Examination of Prosecution Witnesses • Questions are asked of the witness by the attorney. • Questions should only solicite yes or no answers, and ought to take the form of statements. • You are limited to asking only about what was brought out during direct examination. • Further, you are similarly bound by the rules of evidence and open to objections. • Controlling the witness is key during this time.
Cross Examination
Defense’s Case in Chief
The Defense • The Defense has no burden, and there is no requirement that they present any case at all. • During this time, the defense may refute what was brought out during the prosecutions case, they may attempt to prove an affirmative defense, or they could even present evidence of their own alternate theory of the case. • The defendant is not required to testify, and juries are told not to allow that decision to prejudice them.
Direct Examination of Defense Witnesses • The same as when the Prosecution did it.
Direct Examination (And Cross)
Cross Examination of Defense Witnesses • The same as when the Defense did it.
Cross Examination
Rebuttal
Rebuttal • Optional. • The Prosecution can present witnesses and evidence only to rebut things that came out solely in the defense’s case.
Law and Order: The Troubles 41: 44 to 45: 22
Closing Arguments
Closing Arguments • This is when you bring together your whole case. • Nothing said is evidence. • You are limited to discussing what came out during trial. • Generally, you discuss how what happened during the trial applies to the law and proves your case. • This is your last chance to speak to the jury.
Closing Argument
Jury Deliberation
Jury Deliberations • The Judge delivers the Jury Instructions to the Jury. • The Jury then goes into deliberations. • During deliberations, the Jury has access to all the evidence, and they discuss the case amongs themselves. • Eventually (Hopefully), they come to a verdict, and inform the bailiff.
The Verdict
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