Trial Process
Prosecutor’s Role:
– prosecute a particular individual
– deal w/ things in the issue of justice (including Defendatn)
– prosecution has a lot of resources available that D doesn’t have
– responsibility of proving EVERY ELEMENT of crime beyond a reasonable doubt.
Defense’s Role:
– defend client to best of ability under limits of the law.
– never to break law or violate ethical codes or responsibility
– no obligation to issues of justice, society or victim.
Case-in-chief: P must present evidence at trial since they have the burden of proof.
Fact Finders: judge and jury are fact finders during testimony. Jury doesn’t sentence except in death penalty cases.
Examination of witnesses:
a. Direct examination: witness first questioned by party that called the witness.
b. cross-examination: questioning by the opposing party.
c. Re-direct: further questioning by the first party.
d. Re-cross: further questioning by opposing side.
DA (prosecution) presents its case first
At end of DA’s presentation of case, Defense may choose to stand on the “presumption of innocence” and move for a “directed verdict” or “judgment of acquittal” on that ground that charges have not been proved beyond a reasonable doubt.
Strategic and tactical decision for defense if it decides to testify and present own side of case.
Prosecution can rebut D’s case (DA REBUTTAL)
Defense Rejoinder – D’s response to DA Rebuttal.
Only requirement is CASE-IN-CHIEF. D’s presentation of case and DA rebuttal and Defense Rejoinder are each optional
Closing statement by DA first, then Defense. Optional, but rare not to happen.
Judge gives instructions to jury (as to what law to apply) and jury must decide based on judge’s instructions.
If jury is unable to agree on a verdict by requisite MAJORITY, MISTRIAL is declared and D may be retried at Prosecutions discretion.
If D found guilty, Defendant can APPEAL….IF D acquitted, Prosecution may never appeal.
Most cases are PLEA BARGAINED (Pled out) – a negotiated agreement b/w state and D where D accepts guilt to the existing or a lesser charge or to one of multiple charges in exchange for some concession from the Prosecution, usually a more lenient sentence or dismissal of other charges. 90% of cases plea bargained.
Most cases do not even get to trial – crime unreported, police drop charges or DA decides not to prosecute.
Innocence vs. Not guilty
– Innocence – didn’t commit crime.
– Not guilty – not found guilty under court, P didn’t present enough evidence to prove every element beyond a reasonable doubt.
Crime
a. an invasion by another of certain rights, needs and interests of state or people.
b. Types: Felony – above one year in prison
– jury selection
– potential jurors must assure that they can be fair and neutral
– few exemptions
Jury Challenges – reasons for dismissal of potential jurors that lawyers do not want for one reason or another.
Challenges for Cause – 1. specific reason is stated as to why juror should be dismissed
2. there are unlimited number of uses.
Preemptory Challenge – 1. No reason is stated as to why dismissed.
2. limited number (NY – 20) (Fed -3)
Burdens at trial
Standards of Proof
– Beyond a reasonable doubt – high standard, if there is any doubt, MUST ACQUIT. Rather free a guilty man, then convict an innocent one. CRIMINAL – people are victims (not little or no say)
– Preponderance of the evidence – medium or lower standard – more likely than not. CIVIL SUIT – victim is P.
By Party
– Prosecution – reasonable doubt
– Defense – preponderance of evidence
By point in case
CASE IN CHIEF
1. Production – prosecution must present a case
