Transcript Chapter two - Northern Virginia Community College

Chapter 2
The Trial Process
Criminal Evidence
6th Edition
Norman M. Garland
Criminal vs. Civil Trials
A World Apart?
o Although there are vast differences between
criminal and civil trials, there is very little
difference between the rules of evidence
applicable in a criminal case and those in a
civil matter.
o Perhaps the most marked difference is the
amount of proof necessary.
o In a criminal case, the prosecution must
present enough evidence to convince the
jury of the guilt of the defendant beyond a
reasonable doubt.
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Burdens of Proof: Civil vs.
Criminal
o In a criminal case, the prosecution must
present enough evidence to convince
the jury of the guilt of the defendant
beyond a reasonable doubt.
o In a civil trial, only a preponderance of
the evidence must be presented on the
part of one side or the other to receive
a favorable judgment.
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Officer’s Duty to Satisfy the
Criminal Burden of Proof
o The law enforcement
officer must help to
gather and prepare the
evidence for trial to
ensure that the
prosecutor can present
enough evidence to fill
in the gap between the
police officer's standard
of probable cause and
the prosecutor’s
standard of proof
beyond a reasonable
doubt.
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Jury Trial vs. Bench Trial
o A criminal trial may be conducted in one
of two ways. It may be what is known as
a "jury trial" or it may be a "court trial,"
which is a trial by a judge without a jury
(also known as a "bench trial").
o A trial before a judge alone is conducted
in much the same manner as a trial
before a jury.
o The structure of the trial is the same and
the same rules of evidence apply.
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Juries and the Bill of Rights
o The Sixth Amendment to
the United States
Constitution prescribes
no set number for a jury.
All the Amendment
states is: "In all criminal
prosecutions, the
accused shall enjoy the
right of a speedy and
public trial, by an
impartial jury."
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Qualifications of Jurors
A person is qualified to act as a juror if the
person is:
(1) a citizen of the United States
(2) a resident of the state
(3) at least 18 years of age
(4) of sound mind
(5) in possession of the person's natural
faculties
(6) able to read or speak the English
language
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Selecting a Jury
o In most jurisdictions, jurors are identified from
voter registration lists and called to service in
large groups for periods varying from one day
to a matter of weeks.
o The pool of available jurors in a courthouse on
any given day provide the pool sent to any
one courtroom, which pool is called the
venire.
o After that pool enters the courtroom, the judge
engages in a general introduction and the
initial questioning of the prospective jurors.
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The Purpose of the Voir Dire
o The purpose of voir dire is to eliminate from
the jury any person who is incapable of
acting impartially.
o Any prospective juror found by the judge to
be biased or prejudiced against the parties,
as to the type of case, by pre-trial publicity,
or any other factor that may reasonably
affect the prospective juror's ability to be fair,
may be grounds to exclude the juror for
cause on a motion made by the prosecution,
the defense, or the judge.
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Challenges to Potential Jurors
Challenges for Cause
o Such motions are
known as challenges
for cause. There is no
limit to the number of
challenges for cause
that may be made.
Peremptory challenges
o A juror may be
excluded based on a
peremptory challenge
for any reason or no
reason whatsoever.
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An Exception to the Exercise
of a Peremptory Challenge
o The only exception is that neither the
prosecution nor the defense may
exercise a peremptory challenge in a
discriminatory manner that violates the
Equal Protection Clause of the
Fourteenth Amendment to the
Constitution of the United States,
particularly with respect to the race of
the prospective juror.
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The Function of the Jury System
o The jury interprets the evidence as it is
presented and tries to determine what
happened. The jury's ultimate goal in a
criminal trial is to ascertain whether the
defendant is guilty beyond a reasonable
doubt of the crime as charged.
o The ultimate function of the jury in a criminal
case is rendering a verdict of guilty or not
guilty; however, in some states the jury also
determines the sentence to be imposed.
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Jury Nullification
o Should a jury acquit an accused for the wrong
reason, or for no reason at all, the law is
powerless to correct the error.
o This means that if the jury does not wish to follow the
law, for whatever reason, there is no redress.
o This power is known as jury nullification
because it is a fact that the jury may thereby
nullify the law.
o This power is little known and rarely discussed.
o It is not lawful for a judge or lawyer to tell a jury
of its power to nullify.
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The Judge:
In Charge of the Courtroom
o The judge's principal
responsibility is to
see that the
defendant in a
criminal case gets a
fair trial.
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Duties of the Judge
o Deciding what law applies to the case.
o Interpreting the law of the case for the jury.
o Deciding what evidence is admissible and what is
not.
o Ruling on objections made by the attorneys.
o Determining the qualification of witnesses.
o Protecting witnesses from overzealous crossexaminations.
o Ensuring that the trial proceeds efficiently and
effectively.
o In most states in most instances, imposing sentence
upon the defendant in a criminal case.
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Contempt of Court: “Holding
the Keys to Your Jail Cell”
o Contempt is the power
of the court to punish
persons for failure to
obey court orders or to
coerce them into
obeying court orders.
o A person held in civil
contempt is said to "hold
the keys to the jail cell in
his or her pocket." If the
person complies with the
court order, he or she will
be released from
custody.
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The Prosecuting
Attorney’s Responsibility
o Prosecutors must decide
which criminal charges
should be prosecuted and
which should be
dismissed in the interests
of justice.
o The prosecutor has broad
power to decide whether
or not to pursue any given
case. The public has a
right to demand that the
prosecutor use that power
wisely and impartially.
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Some Specific
Prosecutorial Considerations
In deciding what evidence to use, the
prosecutor will consider:
o past experience with the particular charge
involved
o knowledge of the personality of the judge who
will be hearing the case
o the potential dramatics of the situation as the trial
progresses
o an obligation to disclose, to the defense attorney,
any evidence that could be used to aid the
defense
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The Prosecutor’s Burden of Proof
o The United States Supreme Court has
held that the Constitution makes it the
responsibility of the prosecutor to prove
every element of a charged offense
beyond a "reasonable doubt."
o The Court has also held that the
"Constitution does not require any
particular form of words be used" in
instructing the jury on the definition of
reasonable doubt.
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What Is Reasonable Doubt?
o In practical terms, the Court has
approved a definition that indicates
that reasonable doubt is a doubt based
upon reason; that which would make a
reasonable person hesitate to act in
connection with important affairs of life.
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A Case Law Definition
of Reasonable Doubt
o It is not a mere possible doubt; because
everything relating to human affairs is open
to some possible or imaginary doubt. It is
that state of the case which, after the entire
comparison and consideration of all the
evidence, leaves the minds of the jurors in
that condition that they cannot say they feel
an abiding conviction of the truth of the
charge.
o Victor v. Nebraska, 511 U.S. 1 (1994)
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The Role of the Defense
Attorney
o Defense counsel's
primary function is to
make certain that all
the rights of the
accused are
properly protected.
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Specific Duties of the
Defense Counsel
o Conduct pre-trial investigation and discovery
and otherwise prepare for trial.
o Advise the accused concerning statements
that he or she may or may not make.
o Cross-examine the prosecution witnesses
and present any defense necessary under
the circumstances.
o Assure that the defendant receives a fair trial.
o Zealously represent the accused.
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Step-by-Step: The Trial Process
o Opening Statement
o Case-in-Chief
o Direct Examination
o Cross Examination
o Judgment for Motion of Acquittal
o Closing Statements
o Prosecution’s Rebuttal Statement
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The Opening Statement
o After the charge has been read to the
jury, the trial proper begins with the
prosecution's opening statement.
o The opening statement is a summary of
how the prosecution expects its
evidence to prove the defendant guilty
beyond a reasonable doubt.
o An opening statement is often given in the
form of a story, but it is a story in which the
attorney promises to support the narrative
with positive proof.
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The Case-in-Chief
o The case-in-chief is that portion of the case
consisting of the main evidence of either the
prosecution or defense. The prosecution has the
burden of going forward with its case-in-chief,
presenting witnesses and exhibits.
o The prosecution proceeds by direct examination
with these witnesses and the witnesses are
subject to cross-examination by the defense.
o After the prosecution has concluded its case,
the defense will present its case-in-chief, with
the prosecution cross-examining defense
witnesses.
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The Defense’s Opening
Statement
o After the prosecution rests, the defense
will give an opening statement, if the
attorney did not do so after the
prosecution's opening statement.
o Then the defense will present its side of
the case in an effort to raise a
reasonable doubt.
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What Is the Defense’s Burden?
o Because of the presumption of
innocence, the defendant does not
have to present any evidence at all, for
the burden of proving the defendant
guilty rests entirely on the shoulders of
the prosecution, without any help from
the accused.
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Defense Strategies and
Concerns
o In many cases, the defendant will present
some evidence—either alibi, character,
justification, or excuse evidence.
o The defendant may testify and deny guilt or
support some affirmative defense, such as
alibi, self-defense, or insanity.
o An affirmative defense is a reason under the law
that allows a defendant to claim to be
exonerated, one that the defendant must
affirmatively claim and prove.
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Prosecution’s Rebuttal
o Upon completion of the presentation of
all the evidence on behalf of the
defendant, the prosecution has the
right to call additional witnesses or to
present new evidence only to
overcome new matters brought out
during the defendant's case.
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Defense’s Prima Facie Case
The prosecution must establish:
o The jurisdiction of the court.
o The corpus delicti of the specific offense
charged.
o The facts that could lead a reasonable
juror to believe that the accused is the
responsible person.
o After the conclusion of the prosecution's
case-in-chief, the prosecution rests its
case.
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To Qualify as a Witness
In order to qualify as a witness, a person
must:
o 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
o possess personal knowledge of some perceived
relevant facts about the case
o be able to remember those facts
o be able to communicate them
All other matters relating to being a witness, under
modern law, go to the weight of the witness's
testimony, not the witness's qualification.
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Direct Examination
o The questioning of a witness by the side who
calls the witness is known as direct
examination.
o Direct examination usually begins by asking
the witness his or her name, address, and
occupation. Even though this information
may be well known to all in the courtroom, it
is necessary for the court record of the case.
o After these preliminary background questions
are completed, the general questioning of
the witness concerning the specific facts of
the case begins.
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The Scope of Direct Examination
o During the direct examination, whether
it be by the prosecution or the defense,
the attorney must form the question in
such a manner that the desired answer
is not indicated.
o An example of a leading question is: "The
defendant had a gun in his hand, didn't
he?"
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Cross-Examination
o After the direct
examination is
completed, the
opposing side has the
right to cross-examine
the witness.
o The right of crossexamination is
considered essential for
the discovery of truth
during a trial.
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The Attorney’s Task
on Cross-Examination
o First, the cross-examiner may hope to shake the
witness's story and thereby cause the jury to give
the testimony less weight.
o Second, the cross-examiner may try to show that
the witness is prejudiced and consequently may
have testified incorrectly or untruthfully.
o Third, the cross-examiner may try to show that
the witness has made prior, inconsistent
statements and thus should not be believed by
the jury. In any event, cross-examination is
frequently a trying experience for the witness
involved.
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Redirect Examination
o Upon conclusion of cross-examination by the
opposing attorney, the direct examiner may
further question the witness in order to rebut
or clarify matters raised during crossexamination.
o This further questioning is known as redirect
examination and is only for the limited
purpose of rebuttal or clarification of
information brought out during crossexamination.
o New matters are not allowed to be brought
out for the first time on redirect examination.
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Re-Cross- and
Subsequent Examinations
o After a redirect examination has been conducted,
the judge may give permission to the opposing
attorney to ask questions limited to further
clarification of statements made by the witness
during the redirect examination.
o This questioning is referred to as re-cross-examination.
o Likewise, after re-cross examination, and thereafter,
in rotation, the opposing attorneys may, at the
court's discretion, be permitted further questioning.
o None of these further steps is necessarily required and any
questioning past redirect examination is purely within the
discretion of the trial judge.
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Defense’s Surrebuttal
o The defense may be allowed to rebut
new evidence properly introduced by
the prosecution during its rebuttal of the
defense.
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Closing Arguments
o After both sides have presented their cases,
the prosecutor and defense attorney may
make closing, or final, arguments to the jury.
o These arguments, unlike opening statements
(where the attorneys present a roadmap of
the case), are the opportunity for the lawyers
to summarize the case in an overt attempt to
persuade the jury to their view of the
evidence.
o Attorneys are allowed to appeal to the jury
based on any inferences that may rationally
be drawn from the evidence.
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The Judge’s Instructions or
Charges to the Jury
o When the attorneys for both sides have
finished their closing arguments, the
judge will read the instructions to the
jury.
o Sometimes, the judge instructs the jury
before closing arguments.
o In rarer instances, the judge may even
instruct the jury at the beginning of the
trial.
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What Are Instructions or
Charges?
o Jury instructions consist of an
interpretation of the substantive and
procedural law that applies to the case.
o The purpose of these instructions is to
assist and guide the jury in its review of
the evidence in order that it may arrive
at a verdict.
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Outcomes From the
Deliberation
Hung Jury
o If the jurisdiction requires a unanimous
verdict and the jury cannot reach one, the
result is known as a hung jury.
o When a jury is hung, the judge must
declare a mistrial and discharge the jury.
o If there is to be a retrial, it must be before
an entirely new jury.
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Jury Outcomes
Guilty
o If the jury's verdict is guilty, the
defendant must be sentenced.
Acquittal
o If the defendant is acquitted, he or
she is immediately released from
custody and may not be tried again
on the same charge, because of the
Double Jeopardy Clause of the Fifth
Amendment to the Constitution of the
United States.
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Sentencing: The Next Step
for the Convicted Defendant
o Sentencing procedure varies widely among the
states and between the states and the federal
government.
o In most states and the federal system, the judge
imposes sentence and the judge's sentencing
options are dictated by sentencing guidelines for
particular crimes.
o If prescribed sentencing guidelines do not exist,
the judge has some discretion as to the sentence
within statutory limits and alternatives.
o In some states, the jury imposes sentence.
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