![]() ![]() During direct examination, the prosecutor can introduce evidence such as a weapon or something from the crime scene.įollowing the prosecutor’s examination of a witness, the defense attorney has an opportunity to cross examine or ask questions to the same witness. This is the prosecutor’s initial step in attempting to prove the case, and it can last from a few minutes to several days. Presentment of Casesįollowing opening statements, the prosecutor begins direct examination of his first witness. The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime. These statements usually are short like an outline and do not involve witnesses or evidence. Opening statements allow the prosecutor and the defense attorney to briefly tell their account of the events. Each side is allowed to excuse certain potential jurors without providing a reason by using a limited number of “peremptory challenges.” Opening Statements Both lawyers are allowed to ask questions about their potential biases and may excuse jurors from service. ![]() A jury should represent all types of people, races, and cultures. For example, the judge will not allow them to select only men or only women. When selecting the jury, the prosecutor and defense attorney may not discriminate against any group of people. Twelve jurors are selected randomly from the jury pool (also called the “venire”), a list of potential jurors compiled from voter registration records of people living in the Federal district. ![]() Jurors are selected to listen to the facts of the case and to determine if the defendant committed the crime. Jury SelectionĪt trial, one of the first things a prosecutor and defense attorney must do is the selection of jurors for the case. A judge is similar to a referee in a game, they are not there to play for one side or the other but to make sure the entire process is played fairly. In a trial, the judge - the impartial person in charge of the trial - decides what evidence can be shown to the jury. The defendant, represented by an attorney, also tells his side of the story using witnesses and evidence. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s). The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. 10: ask only a few innocuous questions to which you know the answers, or even to ask no questions at all”.After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. Do not argue, get angry, with the witness. 9: exercise self-control and control the witness. 7: do not let the witness repeat the direct testimony. 4: use only short, simple, unambiguous questions. Practitioners follow different approaches when conducting cross-examination but the following principles are generally used when preparing for and conducting a cross-examination: In international arbitration such strict rules do not exist, but a cross-examination focusses on the content of the witness statement. ![]()
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