Courtrooms and Trials

Fundamental Characteristics

• Courtrooms and trials: vary in size, jurisdiction, and purpose
• All share fundamental characteristics, particularly the adversary system

Adversary System

• Basis for both civil and criminal trials
• Two sides: each presents their best case
• In civil trials: plaintiff sues defendant for damages
• In criminal trials: prosecutor brings charges against defendant
  • Prosecutor tries to convince jury of defendant's guilt
  • Defense counsel challenges prosecution's case
• Goal: determine the truth through exchange between prosecution and defense

Roles in the Trial

• Judge:
  • Acts as umpire
  • Makes legal rulings on admissibility of evidence
  • Instructs jury on the law
• Jury:
  • Concentrates on facts of the case
  • Evaluates credibility of witnesses
  • Determines verdict

Trial Process

Opening Statement

• Jurors' orientation to the case
• Prosecution provides opening statement in criminal cases
• Both sides may provide opening statements in civil cases
• Purpose: outline what the evidence will show

Presentation of Evidence and Witnesses

• Plaintiff/prosecution goes first with direct examination
• Defense cross-examines
• Witness behavior and credibility are crucial
• Defense also presents evidence and witnesses
• Rebuttal may follow

Closing Argument

• Final summary of the case
• Prosecution reviews evidence and explains how it fits together
• Defense argues how evidence does not fit together
• Must align closely with opening statement

Jury Deliberation and Verdict

• Jury receives final instructions from the judge
• Jury deliberates on evidence, testimony, and arguments
• Verdict can be guilty/not guilty (criminal) or for plaintiff/defendant (civil)
• Damages decided in civil trials if plaintiff wins

Verdict Requirements

• Criminal trials in federal courts/48 states: require unanimous verdicts in felony cases
• Oregon and Louisiana do not require unanimity
• Civil trials: do not require unanimous verdicts
• Non-unanimous jury: called a hung jury, results in mistrial
  • Case may need to be retried with a new jury