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Who goes first in a trial
State goes first bc the defendant is presumed innocent until proven guilty
How court progresses
- Opening statement
- Presentation of evidence
- Closing statement
- Charge Jury Instructions
- Each side state what they indent to prove
- Not specific
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
- Pictures, videos
- • Usually need witness to verify this
What Witness say?
What they heard, saw, did
Two types of questions a lawyer asks during presentation of evidence
- Direct questions
- Leading questions
- Don’t suggest answer
- What is your name?
- **Asked in direct examination when state asks your own witness
- Suggest the answer
- Is your name ___?
- Not allowed in direct examination
- ** allowed in cross examination
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
Lawyers tell jury what the evidence showed (what credible or not)
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
- 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
If the defendant is found guilty what can they do?
File an appeal