Steps in a Trial

1. Steps in a Trial

2. How Much Do You Know? • You will be put into groups of 3-4. • On a sheet of paper: • Brainstorm as many different steps in a trial your group can think of. What have you seen on TV? What have you read? • Put those steps in order.

3. 1.) Opening Statement by Plaintiff (Civil) or Prosecutor (Criminal) • Plaintiff’s attorney or the prosecutor explain to the judge or jury the evidence that will be presented as proof of the allegations in the written papers filed with the court. https://www.youtube.com/watch?v=05uaOrBdtbE

4. 2.) Opening Statement by Defense • Defendant’s attorney explains evidence to be presented to DISPROVE the allegations made by the plaintiff or prosecutor.

5. 3.) Direct Examination by Plaintiff or Prosecutor • Each witness for the plaintiff or prosecution is questioned. Other evidence in favor of the plaintiff or prosecutor is also presented at this time. https://www.youtube.com/watch?v=q6mOp6uV-F0

6. 4.) Cross-Examination by Defense • Defense has the opportunity to question each of the prosecution/plaintiff’s witnesses. Questions are designed to break down the story of the witness or to discredit the witness. https://www.youtube.com/watch?v=xuIUeTAelus

7. 5.) Direct Examination by Defense • Each defense witness is questioned

8. 6.) Cross-Examination by Plaintiff or Prosecutor • Each defense witness is cross-examined, with the goal to break down the story or discredit the witness.

9. 7.) Closing Statement by Plaintiff or Prosecutor • Prosecutor or plaintiff’s attorney reviews all the evidence presented and asks for a finding of guilt (criminal) or a finding in favor of the plaintiff (civil).

10. 8.) Closing Statement by Defense • This is the same as the closing statement by the prosecution/plaintiff. Defense asks for a finding of not guilty (criminal) or in favor of the defendant (civil). http://www.youtube.com/watch?v=MDPhTna8ums

11. 9.) Rebuttal Argument • Prosecutor/plaintiff has right to make one last closing argument in response to defense’s closing argument.

12. 10.) Jury Instruction • Judge instructs jury as to the law that applies in this case.

15. Dude, Where’s My Car? The Facts:Joe Harper went to the grocery store, parked his 1990 blue mini-van, and left his key in the ignition. When he came back an hour later, he got into and drove away in a 1990 blue mini-van that had a key in it…but this van was not his. Harper did not notice it was a different car until minutes after leaving the parking lot in someone else’s van. He was arrested for auto theft.

16. Dude, Can Joe Appeal? • Auto theft requires that the accused person must have INTENDEDto steal the car. • Did Joe intend to steal the car? • Does it matter that Joe intendedto drive a 1990 blue mini-van out of the parking lot? • This verdict could be reversed on the grounds that the judge gave the jury the wrong instructions.

17. 11.) Verdict • In MOST states, unanimous verdict is needed by jury. If they cannot reach a unanimous decision, it is considered a “hung jury.” Case may have to be tried again. https://www.youtube.com/watch?v=N-zCci2aZ5Q

18. 12.) Sentencing • Sentence is given by the judge. Occasionally, this is a totally separate hearing.