Courtroom and Trials Overview

Fundamentals of Trials

• Trials vary in size, jurisdiction, and purpose, yet share fundamental characteristics.
• Trials are based on the adversary system.
  • Seen in TV shows like "Law and Order."
  • Two sides present their best cases.

Types of Trials

• Civil Trials
  • Plaintiff sues the defendant for damages.
• Criminal Trials
  • Prosecutor (government lawyer) brings charges against the defendant.
  • Prosecutor aims to convince the jury of the defendant's guilt.
  • Defense counters and requires the government to prove guilt beyond a reasonable doubt.

The Adversary System

• Aims to determine truth through prosecutor and defense exchanges.
• Judge's Role
  • Acts as an umpire.
  • Makes legal rulings, determines admissibility of evidence.
  • Instructs jury on the law, allowing them to focus on facts.

Trial Process

1. Opening Statement

   • Jurors' introduction to the case.
   • In criminal cases, the prosecution starts.
   • In civil cases, both sides usually present.
   • Key to understanding case direction.

2. Presentation of Evidence and Witnesses

   • Plaintiff/prosecution presents first through direct examination.
   • Defense cross-examines witnesses.
   • Witness credibility evaluation is vital for the jury.

3. Defense's Case Presentation

   • Defense presents its witnesses.
   • Prosecution may cross-examine these witnesses.

4. Rebuttal and Closing Arguments

   • Follow defense's presentation.
   • Closing argument summarizes and concludes the case.
   • Prosecutor aligns arguments with opening statement.
   • Defense highlights inconsistencies in the prosecution's case.

5. Jury Deliberations

   • Judge provides final instructions.
   • Jury reviews evidence, testimony, and arguments.
   • Reaches a verdict: guilty/not guilty (criminal) or for plaintiff/defendant (civil).

Verdicts

• Unanimity in verdicts:
  • Criminal trials typically require unanimity.
  • Death penalty cases must be unanimous.
  • Federal courts and 48 states require unanimous verdicts in felonies.
  • Oregon and Louisiana do not require unanimity.
  • Civil trials do not require unanimous verdicts.
• Hung Jury
  • Occurs when the jury cannot reach a verdict.
  • Results in a mistrial and possibly a new trial with a different jury.