The Presentation of Evidence
What are opening statements like for a trial?
A movie trailer.
Why remind the jury of innocence?
To ensure the jury doesn't assume the defendant is guilty just because they were arrested or are standing trial.
How long do jury deliberations typically last?
It depends on the evidence; it can range from a few hours to just a few minutes if the evidence is very clear or very weak.
Why do lawyers "knit" facts together instead of just listing the evidence?
To create a persuasive story that explains why the evidence matters and how it fits into the overall case.
What is an opening statement?
This phase of the trial serves as a roadmap for the jury, outlining what each side intends to prove without yet introducing exhibits or testimony.
What is the difference between Indirect and Direct Evidence?
Indirect is circumstantial and Direct is an eyewitness saying "I saw it"
What if a juror is only "mostly" sure?
They must vote "Not Guilty." If there is any logical doubt, the high standard of proof has not been met
Does the U.S. Supreme Court require a unanimous verdict in every single criminal case?
No; while most jurisdictions require it, the Supreme Court does not require unanimity in noncapital cases.
When is the only time a lawyer is legally allowed to tell the jury how to interpret the facts?
During the closing argument (The Interpretation), where they can guide the jury toward a specific conclusion.
What is the burden of proof?
While the prosecution must present a case, the defense can choose to rest immediately, relying on this legal principle that the defendant is "innocent until..."
Is a text message considered "real" or "documentary" evidence?
It is a record of communication, not a physical object like a tool.
Why focus on "legal parts" of the crime?
Because a person can only be convicted if their specific actions match every part of the law's definition of that crime.
What is the specific term for a jury that cannot reach a unanimous decision?
A "hung jury".
What is the main goal of the defense when discussing the Burden of Proof?
To highlight "gaps" in the prosecution's story and remind the jury that any reasonable doubt requires an acquittal.
What is the Closing Argument?
Unlike the opening statement, this final phase allows lawyers to use "argument" to interpret facts and "knit" them into a persuasive story.
Why would a judge block a graphic photo that is relevant to the case?
To maintain fairness. If the photo is too shocking, it might unfairly bias the jury.
How to handle conflicting witnesses?
The "Evidence Guide" tells jurors to use their common sense to judge a witness’s honesty, memory, and possible bias.
What can a judge do if a jury is struggling to agree on a verdict?
The judge may issue additional instructions to encourage the jurors to continue deliberating and reach a decision.
In "The Interpretation," can a lawyer introduce brand-new evidence?
No; they can only explain and guide the jury on the evidence that was already shown during the trial.
What is "Beyond a Reasonable Doubt"?
Because the prosecution has the burden of proof, the defense will argue that if this "high bar" isn't cleared, the law requires an acquittal.
If a small error happens but the person is clearly guilty anyway, does the trial restart?
No. Under the "Oops" (Harmless Error) rule, the verdict stands if the mistake didn't change the outcome.
What if they can't agree?
It results in a "hung jury." The judge declares a mistrial, and the prosecution must decide whether to try the case again with a new jury.
Why are high-profile trials, such as the O.J. Simpson case, often debated in criminal justice?
They raise serious concerns regarding the overall fairness and effectiveness of the jury system.
How does a "Narrative" help a juror who might be overwhelmed by too much information?
It provides a single, easy-to-follow explanation that makes sense of all the different pieces of evidence.
What is an Acquittal?
This is the specific legal term for the jury's formal decision of "not guilty," which the defense seeks by highlighting inconsistencies.