Preliminary Actions
● Discovery
● Decision to have a Jury Trial or a Bench Trial
● Venire and Voir Dire
The Trial Opening Statements
● Opening statements are not evidence. They are the overview of the evidence that will be
presented.
● Does timing of the opening statement for the defense matter?
The Trial: Presentation of Witnesses
● Prosecution calls its witnesses. They testify under oath with the threat of a charge of
perjury if the witness fails to be truthful
● The witness is then cross-examined by defense attorney
● Prosecuting attorney has a chance for redirect questioning if they feel their witness has
been impeached
● Defense can then engage in a recross
● After prosecution has introduced all evidence and witnesses, the defense goes and the
process repeats
● After both sides have gone, one or both sides ay decide to introduce additional evidence
and witnesses
● Prosecution may also ask permission to present rebuttal evidence
The Trial: Closing Arguments
● During closing arguments, lawyers discuss the evidence and draw inferences for the
jury.
● Judge may indicate to lawyers which instructions they intend to give to the jury
● Although jurisdictions vary, typically the prosecution gets the first summation, followed by
the defense, and then the prosecution gets the first summation, followed by defense,
then the prosecution responds and has the final word
The Trial: Jury Instructions
● Judge will often inform the jury of the relevant law
● For criminal trials, jurors must be convinced beyond a reasonable doubt that the
defendant is guilty before they vote to convict
● For civil trials, a preponderance of evidence is all that is necessary for finding in favor of
one side
The Trial: Deliberations
● Juries may be given instructions regarding deliberations, but these are usually sparse
● When the jury has reached its verdict, the foreperson informs the bailiff, who informs the
judge, and court reconvenes
Prosecution Advantages in Trial
● Discovery
● Decision to have a Jury Trial or a Bench Trial
● Venire and Voir Dire
The Trial Opening Statements
● Opening statements are not evidence. They are the overview of the evidence that will be
presented.
● Does timing of the opening statement for the defense matter?
The Trial: Presentation of Witnesses
● Prosecution calls its witnesses. They testify under oath with the threat of a charge of
perjury if the witness fails to be truthful
● The witness is then cross-examined by defense attorney
● Prosecuting attorney has a chance for redirect questioning if they feel their witness has
been impeached
● Defense can then engage in a recross
● After prosecution has introduced all evidence and witnesses, the defense goes and the
process repeats
● After both sides have gone, one or both sides ay decide to introduce additional evidence
and witnesses
● Prosecution may also ask permission to present rebuttal evidence
The Trial: Closing Arguments
● During closing arguments, lawyers discuss the evidence and draw inferences for the
jury.
● Judge may indicate to lawyers which instructions they intend to give to the jury
● Although jurisdictions vary, typically the prosecution gets the first summation, followed by
the defense, and then the prosecution gets the first summation, followed by defense,
then the prosecution responds and has the final word
The Trial: Jury Instructions
● Judge will often inform the jury of the relevant law
● For criminal trials, jurors must be convinced beyond a reasonable doubt that the
defendant is guilty before they vote to convict
● For civil trials, a preponderance of evidence is all that is necessary for finding in favor of
one side
The Trial: Deliberations
● Juries may be given instructions regarding deliberations, but these are usually sparse
● When the jury has reached its verdict, the foreperson informs the bailiff, who informs the
judge, and court reconvenes
Prosecution Advantages in Trial
