NCJ Number
174576
Date Published
1998
Length
42 pages
Annotation
The criminal trial is explained in terms of its function and the processes involved from the pretrial stages to the jury verdict.
Abstract
The discussion notes that a low proportion of cases come to trial, the accused is brought to trial under the presumption of innocence, and the adversarial dimension of criminal justice is most clearly exhibited at trial. The text explains the steps in the criminal trial process and examines the problem of pretrial publicity. Additional sections discuss scientific jury selection, the function of jury consultants in jury selection, the role and nature of opening statement, the trial rules that govern the case for the government, and the rules of evidence. Further sections focus on the presentation of the government's and defendant's evidence. The subsequent sections explain the traditional affirmative defenses, including the defense of infancy, the insanity defense, self-defense, the defense of ignorance or mistake of fact, the defense of the protection of property, the use of force to effect an arrest, and the battered woman defense. Other sections focus on rebuttal and surrebuttal procedures, the attorneys' closing arguments, the trial judge's charge to the jury, the jury's deliberations, jury verdicts, hung juries, polling the jury, jury nullification, and postverdict motions. Figures, tables, photographs, excerpts of media articles, discussion and review questions, notes, list of statutes, case citations, and 13 references