The Trial ProcessThe Trial Process

What is a trial?What is a trial?

Search for the truth? Search for the truth? To bring the competing sides to a peaceful To bring the competing sides to a peaceful

conclusion and do justice?conclusion and do justice? Society's last ditch effort against the violent Society's last ditch effort against the violent

chaos that would result if individuals tried to chaos that would result if individuals tried to settle disputes themselves? settle disputes themselves?

Regardless of which definition of purpose is Regardless of which definition of purpose is used, the American justice system is set up as used, the American justice system is set up as an adversarial system.an adversarial system.

A trial means winning!A trial means winning!

Both sides are fighting Both sides are fighting to win. to win.

Winning means Winning means convincing the jury or convincing the jury or a judge to believe one a judge to believe one side's evidence rather side's evidence rather than the other side's.than the other side's.

Criminal vs. Civil TrialsA World Apart?

Criminal vs. Civil TrialsA World Apart?

Although there are vast differences between Although there are vast differences between criminal and civil trials, there is very little criminal and civil trials, there is very little difference between the rules of evidence applicable difference between the rules of evidence applicable in a criminal case and those in a civil matter.in a criminal case and those in a civil matter.

Perhaps the most marked difference is the amount Perhaps the most marked difference is the amount of proof necessary.of proof necessary.

In a criminal case, the prosecution must present In a criminal case, the prosecution must present enough evidence to convince the jury of the guilt enough evidence to convince the jury of the guilt of the defendant beyond a reasonable doubt.of the defendant beyond a reasonable doubt.

Burdens of Proof:Civil vs. CriminalBurdens of Proof:Civil vs. Criminal

In a criminal case, the prosecution must In a criminal case, the prosecution must present enough evidence to convince the present enough evidence to convince the jury of the guilt of the defendant beyond a jury of the guilt of the defendant beyond a reasonable doubt.reasonable doubt.

In a civil trial, only a preponderance of the In a civil trial, only a preponderance of the evidence must be presented on the part of evidence must be presented on the part of one side or the other to receive a favorable one side or the other to receive a favorable judgment.judgment.

What are the actual differences?What are the actual differences?

Proof beyond a reasonable doubt is not proof Proof beyond a reasonable doubt is not proof beyond all doubt, but it is the highest level, or beyond all doubt, but it is the highest level, or quantity, of proof that American law demands in quantity, of proof that American law demands in any case. any case. Proof beyond a reasonable doubt is far more than 50 Proof beyond a reasonable doubt is far more than 50

percent. percent.

On the other hand, proof by a preponderance of On the other hand, proof by a preponderance of the evidence—the quantity required to win in a the evidence—the quantity required to win in a civil trial—is 50 percent plus a feather.civil trial—is 50 percent plus a feather.

Officer’s Duty to Satisfy the Criminal Burden of Proof

Officer’s Duty to Satisfy the Criminal Burden of Proof

The law enforcement officer The law enforcement officer must help to gather and must help to gather and prepare the evidence for prepare the evidence for trial to ensure that the trial to ensure that the prosecutor can present prosecutor can present enough evidence to fill in enough evidence to fill in the gap between the police the gap between the police officer's standard of officer's standard of probable cause and the probable cause and the prosecutor’s standard of prosecutor’s standard of proof beyond a reasonable proof beyond a reasonable doubt.doubt.

Jury Trial vs. Bench TrialJury Trial vs. Bench Trial A criminal trial may be conducted in one of A criminal trial may be conducted in one of

two ways. It may be what is known as a two ways. It may be what is known as a "jury trial" or it may be a "court trial," "jury trial" or it may be a "court trial," which is a trial by a judge without a jury which is a trial by a judge without a jury (also known as a "bench trial").(also known as a "bench trial").

A trial before a judge alone is conducted in A trial before a judge alone is conducted in much the same manner as a trial before a much the same manner as a trial before a jury. jury.

The structure of the trial is the same and the The structure of the trial is the same and the same rules of evidence apply.same rules of evidence apply.

A Constitutional Guarantee!A Constitutional Guarantee!

The Sixth Amendment to the Constitution The Sixth Amendment to the Constitution of the United States, as well as provisions in of the United States, as well as provisions in the constitutions of the fifty states, the constitutions of the fifty states, guarantees to a defendant in a criminal trial guarantees to a defendant in a criminal trial the right to be tried by an impartial jury. the right to be tried by an impartial jury.

For many years those provisions were For many years those provisions were interpreted to mean that the defendant must interpreted to mean that the defendant must have a jury trial.have a jury trial.

The Jury: A Historical Perspective

The Jury: A Historical Perspective

The common law rule and the rule in most The common law rule and the rule in most states in the United States calls for a jury in a states in the United States calls for a jury in a criminal case consisting of 12 persons. criminal case consisting of 12 persons.

In the early history of Europe, many of the In the early history of Europe, many of the inquisitory councils, also referred to as inquisitory councils, also referred to as "juries," often consisted of a number ranging "juries," often consisted of a number ranging from four to 66 persons. By the thirteenth from four to 66 persons. By the thirteenth century, 12 was the usual number of an century, 12 was the usual number of an inquisitory council.inquisitory council.

The Jury: A Historical Perspective: Part II

The Jury: A Historical Perspective: Part II

By the fourteenth century, the requirement By the fourteenth century, the requirement of 12 persons had become more or less of 12 persons had become more or less fixed. fixed.

Thereafter this number seemed to develop a Thereafter this number seemed to develop a somewhat superstitious reverence.somewhat superstitious reverence.

Juries in the New WorldJuries in the New World

When the colonists When the colonists came to America, came to America, juries in England were juries in England were composed of 12 composed of 12 persons. It was only persons. It was only natural that juries in natural that juries in this country should this country should also consist of 12 also consist of 12 persons.persons.

Juries and the Bill of RightsJuries and the Bill of Rights

The Sixth Amendment to the United States The Sixth Amendment to the United States Constitution prescribes no set number for a Constitution prescribes no set number for a jury. All the Amendment states is: "In all jury. All the Amendment states is: "In all criminal prosecutions, the accused shall criminal prosecutions, the accused shall enjoy the right of a speedy and public trial, enjoy the right of a speedy and public trial, by an impartial jury."by an impartial jury."

Qualifications of JurorsQualifications of Jurors A person is qualified to act as a juror if the person A person is qualified to act as a juror if the person

is— is— (1) a citizen of the United States; (1) a citizen of the United States; (2) a resident of the state; (2) a resident of the state; (3) at least 18 years of age; (3) at least 18 years of age; (4) of sound mind; (4) of sound mind; (5) in possession of the person's natural (5) in possession of the person's natural

faculties; and faculties; and (6) able to read or speak the English language. (6) able to read or speak the English language.

The Judge: In Charge of the Courtroom

The Judge: In Charge of the Courtroom

The judge's principal The judge's principal responsibility is to see responsibility is to see that the defendant in a that the defendant in a criminal case gets a criminal case gets a fair trial. fair trial.

Duties of the JudgeDuties of the Judge Deciding what law applies to the case. Deciding what law applies to the case. Interpreting the law of the case for the jury. Interpreting the law of the case for the jury. Deciding what evidence is admissible and what is not.Deciding what evidence is admissible and what is not. Ruling on objections made by the attorneys. Ruling on objections made by the attorneys. Determining the qualification of witnesses. Determining the qualification of witnesses. Protecting witnesses from overzealous cross-Protecting witnesses from overzealous cross-

examinations. examinations. Ensuring that the trial proceeds efficiently and Ensuring that the trial proceeds efficiently and

effectively.effectively. In most states in most instances, imposing sentence In most states in most instances, imposing sentence

upon the defendant in a criminal case.upon the defendant in a criminal case.

Contempt of Court: “Holding the Keys to Your Jail Cell”

Contempt of Court: “Holding the Keys to Your Jail Cell”

Contempt is the power of the Contempt is the power of the court to punish persons for court to punish persons for failure to obey court orders or failure to obey court orders or to coerce them into obeying to coerce them into obeying court orders. court orders. A person held in civil A person held in civil

contempt is said to "hold contempt is said to "hold the keys to the jail cell in the keys to the jail cell in his or her pocket." If the his or her pocket." If the person complies with the person complies with the court order, he or she will court order, he or she will be released from custody.be released from custody.

The ProsecutingAttorney’s Responsibility

The ProsecutingAttorney’s Responsibility

Prosecutors must decide which Prosecutors must decide which criminal charges should be criminal charges should be prosecuted and which should be prosecuted and which should be dismissed in the interests of dismissed in the interests of justice. justice.

The prosecutor has broad power The prosecutor has broad power to decide whether or not to to decide whether or not to pursue any given case. The pursue any given case. The public has a right to demand that public has a right to demand that the prosecutor use that power the prosecutor use that power wisely and impartially.wisely and impartially.

Some SpecificProsecutorial Considerations

Some SpecificProsecutorial Considerations

In deciding what evidence to use, the prosecutor In deciding what evidence to use, the prosecutor will consider . . .will consider . . . past experience with the particular charge involved; past experience with the particular charge involved; knowledge of the personality of the judge who will be knowledge of the personality of the judge who will be

hearing the case; hearing the case; the potential dramatics of the situation as the trial the potential dramatics of the situation as the trial

progresses; progresses; an obligation to disclose, to the defense attorney, any an obligation to disclose, to the defense attorney, any

evidence that could be used to aid the defense.evidence that could be used to aid the defense.

The Prosecutor’sBurden of ProofThe Prosecutor’sBurden of Proof

The United States Supreme Court has held that The United States Supreme Court has held that the Constitution makes it the responsibility of the Constitution makes it the responsibility of the prosecutor to prove every element of a the prosecutor to prove every element of a charged offense beyond a "reasonable doubt." charged offense beyond a "reasonable doubt."

The Court has also held that the "Constitution The Court has also held that the "Constitution does not require any particular form of words does not require any particular form of words be used" in instructing the jury on the be used" in instructing the jury on the definition of reasonable doubt.definition of reasonable doubt.

What Is Reasonable Doubt?What Is Reasonable Doubt?

In practical terms, the In practical terms, the Court has approved a Court has approved a definition that indicates definition that indicates that reasonable doubt is a that reasonable doubt is a doubt based upon reason; doubt based upon reason; that which would make a that which would make a reasonable person hesitate reasonable person hesitate to act in connection with to act in connection with important affairs of life.important affairs of life.

A Case Law Definitionof Reasonable Doubt

A Case Law Definitionof Reasonable Doubt

It is not a mere possible doubt; because It is not a mere possible doubt; because everything relating to human affairs is open to everything relating to human affairs is open to some possible or imaginary doubt. It is that some possible or imaginary doubt. It is that state of the case which, after the entire state of the case which, after the entire comparison and consideration of all the comparison and consideration of all the evidence, leaves the minds of the jurors in that evidence, leaves the minds of the jurors in that condition that they cannot say they feel an condition that they cannot say they feel an abiding conviction of the truth of the charge. abiding conviction of the truth of the charge. Victor v. NebraskaVictor v. Nebraska, 511 U.S. 1 (1994), 511 U.S. 1 (1994)

The Role of the Defense AttorneyThe Role of the Defense Attorney

Defense counsel's Defense counsel's primary function is to primary function is to make certain that all make certain that all the rights of the the rights of the accused are properly accused are properly protected.protected.

Specific Duties of theDefense Counsel

Specific Duties of theDefense Counsel

Conduct pre-trial investigation and discovery and Conduct pre-trial investigation and discovery and otherwise prepare for trial. otherwise prepare for trial.

Advise the accused concerning statements that he Advise the accused concerning statements that he or she may or may not make. or she may or may not make.

Cross-examine the prosecution witnesses and Cross-examine the prosecution witnesses and present any defense necessary under the present any defense necessary under the circumstances. circumstances.

Assure that the defendant receives a fair trial.Assure that the defendant receives a fair trial. Zealously represent the accused.Zealously represent the accused.

Step-by-Step: The Trial ProcessStep-by-Step: The Trial Process

Opening StatementOpening Statement Case-in-ChiefCase-in-Chief Direct ExaminationDirect Examination Cross ExaminationCross Examination Judgment for Motion of AcquittalJudgment for Motion of Acquittal Closing StatementsClosing Statements Prosecution’s Rebuttal StatementProsecution’s Rebuttal Statement

The Opening StatementThe Opening Statement

After the charge has been read to the jury, the trial After the charge has been read to the jury, the trial proper begins with the prosecution's opening proper begins with the prosecution's opening statement. statement.

The opening statement is a summary of how the The opening statement is a summary of how the prosecution expects its evidence to prove the prosecution expects its evidence to prove the defendant guilty beyond a reasonable doubt. defendant guilty beyond a reasonable doubt. An opening statement is often given in the form An opening statement is often given in the form

of a story, but it is a story in which the attorney of a story, but it is a story in which the attorney promises to support the narrative with positive promises to support the narrative with positive proof. proof.

The Case-in-ChiefThe Case-in-Chief

The case-in-chief is that portion of the case consisting of The case-in-chief is that portion of the case consisting of the main evidence of either the prosecution or defense. The the main evidence of either the prosecution or defense. The prosecution has the burden of going forward with its case-prosecution has the burden of going forward with its case-in-chief, presenting witnesses and exhibits. in-chief, presenting witnesses and exhibits.

The prosecution proceeds by direct examination with these The prosecution proceeds by direct examination with these witnesses and the witnesses are subject to cross-witnesses and the witnesses are subject to cross-examination by the defense. examination by the defense.

After the prosecution has concluded its case, the defense After the prosecution has concluded its case, the defense will present its case-in-chief, with the prosecution cross-will present its case-in-chief, with the prosecution cross-examining defense witnesses. examining defense witnesses.

The Defense’s Opening StatementThe Defense’s Opening Statement

After the prosecution rests, the defense After the prosecution rests, the defense will give an opening statement, if the will give an opening statement, if the attorney did not do so after the attorney did not do so after the prosecution's opening statement. prosecution's opening statement.

Then the defense will present its side of Then the defense will present its side of the case in an effort to raise a reasonable the case in an effort to raise a reasonable doubt.doubt.

What Is the Defense’s Burden?What Is the Defense’s Burden?

Because of the presumption of innocence, Because of the presumption of innocence, the defendant does not have to present any the defendant does not have to present any evidence at all, for the burden of proving evidence at all, for the burden of proving the defendant guilty rests entirely on the the defendant guilty rests entirely on the shoulders of the prosecution, without any shoulders of the prosecution, without any help from the accused.help from the accused.

Defense Strategies and ConcernsDefense Strategies and Concerns In many cases, the defendant will present In many cases, the defendant will present

some evidence—either alibi, character, some evidence—either alibi, character, justification, or excuse evidence. justification, or excuse evidence.

The defendant may testify and deny guilt or The defendant may testify and deny guilt or support some affirmative defense, such as support some affirmative defense, such as alibi, self-defense, or insanity. alibi, self-defense, or insanity. An affirmative defense is a reason under the An affirmative defense is a reason under the

law that allows a defendant to claim to be law that allows a defendant to claim to be exonerated, one that the defendant must exonerated, one that the defendant must affirmatively claim and prove.affirmatively claim and prove.

Prosecution’s RebuttalProsecution’s Rebuttal

Upon completion of the presentation of Upon completion of the presentation of all the evidence on behalf of the all the evidence on behalf of the defendant, the prosecution has the right to defendant, the prosecution has the right to call additional witnesses or to present new call additional witnesses or to present new evidence only to overcome new matters evidence only to overcome new matters brought out during the defendant's case.brought out during the defendant's case.

Defense’s Prima Facie CaseDefense’s Prima Facie Case

The prosecution must establish:The prosecution must establish: The jurisdiction of the court. The jurisdiction of the court. The The corpus delicticorpus delicti of the specific offense of the specific offense

charged charged The facts that could lead a reasonable juror The facts that could lead a reasonable juror

to believe that the accused is the responsible to believe that the accused is the responsible person. person.

After the conclusion of the prosecution's case-After the conclusion of the prosecution's case-in-chief, the prosecution rests its case.in-chief, the prosecution rests its case.

Motion for Judgment of AcquittalMotion for Judgment of Acquittal

The defense attorney, at this time, will ask The defense attorney, at this time, will ask the trial judge for a judgment of acquittal—the trial judge for a judgment of acquittal—a judicial decision on whether the a judicial decision on whether the prosecution has satisfied its burden during prosecution has satisfied its burden during the presentation of its case-in-chief. If the the presentation of its case-in-chief. If the motion for judgment of acquittal is granted, motion for judgment of acquittal is granted, the case is over.the case is over.

Witness RequirementsWitness Requirements

Before the witness takes the seat to testify, an oath is Before the witness takes the seat to testify, an oath is administered to the witness by the judge, bailiff, or some administered to the witness by the judge, bailiff, or some other officer of the court. other officer of the court.

The oath consists of words to this effect: The oath consists of words to this effect: "I do solemnly swear (or affirm) to tell the truth and "I do solemnly swear (or affirm) to tell the truth and

nothing but the truth, so help me God" (the reference to nothing but the truth, so help me God" (the reference to God being deleted in the case of a person wishing to God being deleted in the case of a person wishing to affirm, rather than swear).affirm, rather than swear).

To Qualify as a WitnessTo Qualify as a Witness

In order to qualify as a witness, a person must—In order to qualify as a witness, a person must— be able to understand what it means to tell the truth so that be able to understand what it means to tell the truth so that

they can take the oath (or affirm) that they will do so; they can take the oath (or affirm) that they will do so; possess personal knowledge of some perceived relevant possess personal knowledge of some perceived relevant

facts about the case;facts about the case; be able to remember those facts; andbe able to remember those facts; and be able to communicate them. be able to communicate them. All other matters relating to being a witness, under All other matters relating to being a witness, under

modern law, go to the weight of the witness's testimony, modern law, go to the weight of the witness's testimony, not the witness's qualification.not the witness's qualification.

Direct ExaminationDirect Examination The questioning of a witness by the side who calls The questioning of a witness by the side who calls

the witness is known as the witness is known as direct examinationdirect examination. . Direct examination usually begins by asking the Direct examination usually begins by asking the

witness his or her name, address, and occupation. witness his or her name, address, and occupation. Even though this information may be well known Even though this information may be well known to all in the courtroom, it is necessary for the court to all in the courtroom, it is necessary for the court record of the case. record of the case.

After these preliminary background questions are After these preliminary background questions are completed, the general questioning of the witness completed, the general questioning of the witness concerning the specific facts of the case begins.concerning the specific facts of the case begins.

The Scope of Direct ExaminationThe Scope of Direct Examination During the direct examination, During the direct examination,

whether it be by the whether it be by the prosecution or the defense, the prosecution or the defense, the attorney must form the attorney must form the question in such a manner that question in such a manner that the desired answer is not the desired answer is not indicated. indicated. An example of a leading An example of a leading

question is: "The defendant question is: "The defendant had a gun in his hand, had a gun in his hand, didn't he?"didn't he?"

Cross-ExaminationCross-Examination After the direct After the direct

examination is examination is completed, the completed, the opposing side has the opposing side has the right to cross-examine right to cross-examine the witness. the witness.

The right of cross-The right of cross-examination is examination is considered essential considered essential for the discovery of for the discovery of truth during a trial.truth during a trial.

Dicta on Cross ExaminationDicta on Cross Examination

As one highly regarded As one highly regarded evidence scholar has put it: evidence scholar has put it: Cross examination "is the Cross examination "is the greatest legal engine ever greatest legal engine ever invented for the discovery of invented for the discovery of the truth."the truth." 5 J. Wigmore, Evidence § 1367 5 J. Wigmore, Evidence § 1367

(3d ed. 1940), as cited in (3d ed. 1940), as cited in California v. GreenCalifornia v. Green, 399 U.S. , 399 U.S. 149, 157 (1970).149, 157 (1970).

The Attorney’s Taskon Cross-ExaminationThe Attorney’s Task

on Cross-Examination First, the cross-examiner may hope to shake the First, the cross-examiner may hope to shake the

witness's story and thereby cause the jury to give witness's story and thereby cause the jury to give the testimony less weight. the testimony less weight.

Second, the cross-examiner may try to show that Second, the cross-examiner may try to show that the witness is prejudiced and consequently may the witness is prejudiced and consequently may have testified incorrectly or untruthfully. have testified incorrectly or untruthfully.

Third, the cross-examiner may try to show that the Third, the cross-examiner may try to show that the witness has made prior, inconsistent statements witness has made prior, inconsistent statements and thus should not be believed by the jury. In and thus should not be believed by the jury. In any event, cross-examination is frequently a trying any event, cross-examination is frequently a trying experience for the witness involved.experience for the witness involved.

Redirect ExaminationRedirect Examination

Upon conclusion of cross-examination by the Upon conclusion of cross-examination by the opposing attorney, the direct examiner may further opposing attorney, the direct examiner may further question the witness in order to rebut or clarify matters question the witness in order to rebut or clarify matters raised during cross-examination. raised during cross-examination.

This further questioning is known as This further questioning is known as redirect redirect examinationexamination and is only for the limited purpose of and is only for the limited purpose of rebuttal or clarification of information brought out rebuttal or clarification of information brought out during cross-examination. during cross-examination.

New matters are not allowed to be brought out for the New matters are not allowed to be brought out for the first time on redirect examination.first time on redirect examination.

Re-Cross- andSubsequent Examinations

Re-Cross- andSubsequent Examinations

After a redirect examination has been conducted, the judge After a redirect examination has been conducted, the judge may give permission to the opposing attorney to ask may give permission to the opposing attorney to ask questions limited to further clarification of statements questions limited to further clarification of statements made by the witness during the redirect examination. made by the witness during the redirect examination. This questioning is referred to as re-cross-examinationThis questioning is referred to as re-cross-examination. .

Likewise, after re-cross examination, and thereafter, in Likewise, after re-cross examination, and thereafter, in rotation, the opposing attorneys may, at the court's rotation, the opposing attorneys may, at the court's discretion, be permitted further questioning. discretion, be permitted further questioning. None of these further steps is necessarily required and None of these further steps is necessarily required and

any questioning past redirect examination is purely any questioning past redirect examination is purely within the discretion of the trial judge.within the discretion of the trial judge.

ObjectionsObjections During the questioning of any witness, including During the questioning of any witness, including

the direct examination of the prosecution's the direct examination of the prosecution's witnesses, the opposing attorney will interject witnesses, the opposing attorney will interject evidentiary objections. evidentiary objections.

These objections may be based on any one of a These objections may be based on any one of a number of grounds, according to the law. Some number of grounds, according to the law. Some

common grounds arecommon grounds are: : leading, irrelevant, hearsay, calls for opinion, or leading, irrelevant, hearsay, calls for opinion, or

speculation. Objections may be well-founded speculation. Objections may be well-founded or they may be made principally for effect.or they may be made principally for effect.

Rulings on ObjectionsRulings on Objections

The judge will either sustain the objection The judge will either sustain the objection or overrule it. If the objection is or overrule it. If the objection is sustained, or upheld, the witness must not sustained, or upheld, the witness must not answer the question. If the judge answer the question. If the judge overrules, or denies, the objection, the overrules, or denies, the objection, the witness may answer the question asked.witness may answer the question asked.

Interesting Facts About the Record

Interesting Facts About the Record

Historically, the usual method of recording was Historically, the usual method of recording was through a court reporter, a person specially trained through a court reporter, a person specially trained and equipped to take down verbatim the official and equipped to take down verbatim the official record of the proceedings in a court. record of the proceedings in a court.

Today, of course, recording may be done Today, of course, recording may be done mechanically, utilizing sophisticated audio and video mechanically, utilizing sophisticated audio and video equipment. equipment.

Regardless of the way in which the proceedings are Regardless of the way in which the proceedings are preserved, the fact that a record is made affects the preserved, the fact that a record is made affects the manner in which people act in the courtroom..manner in which people act in the courtroom..

Closing ArgumentsClosing Arguments After both sides have presented their cases, the After both sides have presented their cases, the

prosecutor and defense attorney may make prosecutor and defense attorney may make closing, or final, arguments to the jury. closing, or final, arguments to the jury.

These arguments, unlike opening statements These arguments, unlike opening statements (where the attorneys present a roadmap of the (where the attorneys present a roadmap of the case), are the opportunity for the lawyers to case), are the opportunity for the lawyers to summarize the case in an overt attempt to summarize the case in an overt attempt to persuade the jury to their view of the evidence. persuade the jury to their view of the evidence.

Attorneys are allowed to appeal to the jury Attorneys are allowed to appeal to the jury based on any inferences that may rationally be based on any inferences that may rationally be drawn from the evidence.drawn from the evidence.

Trials of RecordTrials of Record All felony trials and most All felony trials and most

other criminal trials today other criminal trials today are trials of record. This are trials of record. This means that the proceedings means that the proceedings are recorded verbatim to are recorded verbatim to preserve a record for preserve a record for appeal, in order to preserve appeal, in order to preserve the rights of the accused in the rights of the accused in the event of a conviction.the event of a conviction.

Recording Specifics & ConcernsRecording Specifics & Concerns Bearing in mind the need to make the record, all Bearing in mind the need to make the record, all

communication in court must be audible. communication in court must be audible. Gestures, ambiguous sounds, or inaudible responses Gestures, ambiguous sounds, or inaudible responses

cannot be recorded effectively by a court reporter and cannot be recorded effectively by a court reporter and may be misleading even if mechanically recorded. may be misleading even if mechanically recorded.

Only one person may speak at a time, and people Only one person may speak at a time, and people cannot speak so rapidly as to make it difficult to be cannot speak so rapidly as to make it difficult to be understood. understood.

In short, the participants in a trial must remain In short, the participants in a trial must remain consciously aware that what they are saying and doing consciously aware that what they are saying and doing must satisfy the requirements for making the record.must satisfy the requirements for making the record.

The Judge’s Instructions or Charges to the Jury

The Judge’s Instructions or Charges to the Jury

When the attorneys for both When the attorneys for both sides have finished their sides have finished their closing arguments, the judge closing arguments, the judge will read the instructions to will read the instructions to the jury. Sometimes, the the jury. Sometimes, the judge instructs the jury judge instructs the jury before closing arguments. In before closing arguments. In rarer instances, the judge rarer instances, the judge may even instruct the jury at may even instruct the jury at the beginning of the trial.the beginning of the trial.

What Are Instructions or Charges?

What Are Instructions or Charges?

Jury instructionsJury instructions consist of an consist of an interpretation of the substantive and interpretation of the substantive and procedural law that applies to the case. procedural law that applies to the case.

The purpose of these instructions is to assist The purpose of these instructions is to assist and guide the jury in its review of the and guide the jury in its review of the evidence in order that it may arrive at a evidence in order that it may arrive at a verdict.verdict.

The Jury Begins Its Job!The Jury Begins Its Job!

After the judge has instructed the jury, the After the judge has instructed the jury, the jury will retire to the jury room. There the jury will retire to the jury room. There the jury will weigh the evidence presented jury will weigh the evidence presented during trial in light of the judge's during trial in light of the judge's instructions and attempt to arrive at a instructions and attempt to arrive at a verdict. verdict.

This review of the evidence is referred to This review of the evidence is referred to as as jury deliberationjury deliberation..

Sequestering of the JurySequestering of the Jury

To prevent the possibility of any outside To prevent the possibility of any outside influence affecting the jury's verdict, the influence affecting the jury's verdict, the jury's deliberative process is secret and jury's deliberative process is secret and remains so.remains so. In some extremely sensitive cases, the trial In some extremely sensitive cases, the trial

court may decide to court may decide to sequester sequester a jury, or keep it a jury, or keep it together and away from the public for the entire together and away from the public for the entire trial. One of the most famous such instances is trial. One of the most famous such instances is the trial of O.J. Simpson.the trial of O.J. Simpson.

Outcomes From the DeliberationOutcomes From the Deliberation

Hung JuryHung Jury If the jurisdiction requires a unanimous verdict If the jurisdiction requires a unanimous verdict

and the jury cannot reach one, the result is known and the jury cannot reach one, the result is known as a as a hung juryhung jury. .

When a jury is hung, the judge must declare a When a jury is hung, the judge must declare a mistrial and discharge the jury. mistrial and discharge the jury.

If there is to be a retrial, it must be before an If there is to be a retrial, it must be before an entirely new jury.entirely new jury.

Jury OutcomesJury Outcomes

GuiltyGuilty If the jury's verdict is guilty, the defendant must be If the jury's verdict is guilty, the defendant must be

sentenced.sentenced. AcquittalAcquittal

If the defendant is acquitted, he or she is If the defendant is acquitted, he or she is immediately released from custody and may not be immediately released from custody and may not be tried again on the same charge, because of the tried again on the same charge, because of the Double Jeopardy Clause of the Fifth Amendment Double Jeopardy Clause of the Fifth Amendment to the Constitution of the United States.to the Constitution of the United States.

Sentencing: The Next Stepfor the Convicted DefendantSentencing: The Next Step

for the Convicted Defendant Sentencing procedure varies widely among the Sentencing procedure varies widely among the

states and between the states and the federal states and between the states and the federal government. government.

In most states and the federal system, the judge In most states and the federal system, the judge imposes sentence and the judge's sentencing imposes sentence and the judge's sentencing options are dictated by sentencing guidelines for options are dictated by sentencing guidelines for particular crimes. particular crimes.

If prescribed sentencing guidelines do not exist, If prescribed sentencing guidelines do not exist, the judge has some discretion as to the sentence the judge has some discretion as to the sentence within statutory limits and alternatives. within statutory limits and alternatives.

In some states, the jury imposes sentence.In some states, the jury imposes sentence.