CJUS P300 1st Edition Lecture 20 Outline of Last Lecture 1. Search and Seizure Continued2. Cars3. Evidence Outline of Current Lecture 1. Perjury2. Trials3. Jury Trial ProceedingsCurrent Lecture1. Perjurya. A statement under oath which can occur only after you’ve been sworn in by someone who is authorized. b. Oath only lasts as long as that particular hearing or thing is in session c. Perjury is lying under oath2. Trialsa. Bench Triali. A trial to the courtii. Where the judge hears all the evidence and makes the determination. There is no jury. Most defendants do not opt for that optioniii. Judge will be less emotional and will know the law better b. Jury Triali. Trial of your peers ii. Completely random selection process. Process whereby you are chosen for jury duty. 1. Voir dire – the selection process for choosing a jury a. Attorneys from both sides get to question you about thingsthat have to do with what that particular side is interested in (biases) These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.i. They should be looking for a fair and impartial juror.Someone who will be open minded, listen to the law, obey instructions. b. Each side gets so many “pre-emptory strikes” where you can strike a juror for no reason whatsoever. i. Capital cases each side gets 20ii. In a, b, c each side gets 10iii. In d and lower they get 5c. Can also strike a juror for cause. For instance, someone believes that God should make decisions for people, not people. iii. How do you get selected for jury duty?1. When you have anything in your name (utilities, etc.) you become part of the process2. Has to be random and cannot be manipulated 3. Have to be over the age of 18, have to be able to read and speak the English language comfortablya. Dentists used to be excluded, no longerb. Ferry boat operators used to be excluded, no longerc. People over 65 used to be excluded, no longer 3. Jury Trial Proceedingsa. What the jury makes their decision on comes from sworn testimony and nothing else i. There are opening statements by prosecutor and defense 1. The prosecutor must make an opening statement. The defense can choose not to. 2. The defense does not have to do anything because they have no burden of proof ii. Then comes the prosecutors case in chief, the prosecutors presentation oftheir evidence1. You have to have a person testify for objects2. Everything comes into evidence through sworn testimonyiii. Then prosecutor rests their case in chief only after they have done the following:1. Proven all of the elements of the offense 2. Elements of the crime3. All the pieces of evidence they wanted in have been put into evidenceiv. Then the defense, if they so choose, can present a defense. 1. Whether the defendant chooses to testify is up to the defendant and only the defendanta. Go through series of questions to ensure the defendant didor did not want to testify. This is mainly for the protection of the defense lawyer.v. Prosecutor can then do a rebuttal.vi. Then there are closing arguments. Closing arguments are not evidence. They are you trying to convince the jury that they should see the facts your way. vii. Jury then goes back to deliberate. 1. At that point in time they have to stay together at all times2. The verdict in a criminal case by a jury has to be unanimous.a. Can be not guiltyi. Not guilty does not mean innocentii. Prosecution was unable to prove beyond a reasonable doubt that the defendant was guilty b. Can be guilty 3. Nobody can disturb them or talk to themb. Hung Jury (different from jeopardy) i. When the jury can’t reach a verdict ii. Prosecutor can choose to continue to pursue the case with a different jury.iii. The record of the first case is admissible into the second trial c. Mistriali. Something that happens during the course of the case that cannot be fixed during the course of the case1. Some things you can fix others you can’t (like hearing information,or seeing something)2. As a prosecutor, you can’t ask a witness a question knowing there will be an objection just so you can get the idea in the jury’s head.3. Evidentiary harpoon – something that so horribly harms the other side’s case it cannot be undone. As a prosecutor, you can’t do that.ii. Can be retried, the decision of the prosecutord. Grand Juryi. A jury that is convened by a judge at the request of the prosecutor1. A prosecutor does not have to follow the recommendation of the grand jury but it is a tool the prosecutor can use2. Typically the only lawyer present is the prosecutor a. The jury is convened randomly and treated as a typical jurywith the exception of subpoena powers.i. They can ask questions of witnessesii. They can go to the scene of the crimeiii. They can say things they would like more information onb. The prosecutor presents the evidence and questions the witnessesi. Called “target of grand jury” not defendant c. It is a confidential proceedingd. Typically convened before charges are filed or not