cl Part 6

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  1. Who goes first in a trial
    State goes first bc the defendant is presumed innocent until proven guilty
  2. How court progresses
    • Opening statement
    • Presentation of evidence
    • Closing statement
    • Charge Jury Instructions
    • Deliberation
  3. Opening statement
    • Each side state what they indent to prove
    • Not specific
  4. Presentation of evidence
    • State says all their evidence first that they think will find the defendant guilty beyond reasonable doubt
    • Produce witnesses
    • Lawyer ask questions
    • Tangible evidence
  5. Tangible evidence
    • Pictures, videos
    • • Usually need witness to verify this
  6. What Witness say?
    What they heard, saw, did
  7. Two types of questions a lawyer asks during presentation of evidence
    • Direct questions
    • Leading questions
  8. Direct questions
    • Don’t suggest answer
    • What is your name?
    • **Asked in direct examination when state asks your own witness
  9. Leading questions
    • Suggest the answer
    • Is your name ___?
    • Not allowed in direct examination
    • ** allowed in cross examination
  10. What does the defendant due during the presentation of evidence?
    • tries to question the state enough that you don’t think strong enough to convict
    • don’t usually present much evidence
  11. Closing argument
    Lawyers tell jury what the evidence showed (what credible or not)
  12. Charge Jury Instructions
    • You figure out what happened and I give you elements of charge and you decide if they are guilty
    • If check all off then guilty, if cant prove them all then innocent
  13. Deliberation
    • Discus case amongst themselves then vote
    • Verdict must be unanimous in criminal
    • Or we can’t make a decision and judge declare mistrial --> need new trial with new jury
    • Ask for a witnesses testament again
  14. If the defendant is found guilty what can they do?
    File an appeal
Card Set
cl Part 6
part 6
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