Trial ProcedureThe defense does not have the burden of offering evidence in the trialThat’s on the prosecution because they are the ones pressing chargesThe defendant has the right to stay silentProsecution cannot make a comment about his silenceThe defendant does not have to get on the stand and testifyAfter the defense puts up their case in chief, the prosecution puts up their rebuttal caseThey need evidence to rebut the case in chiefWhen the defendant says that he wasn’t present and they could not have been involvedThe prosecution then puts up their rebuttal, whether it’s a witness or documentationAfter the rebuttals- there are closing argumentsBoth sides get to argue the significant of the facts that were presented in the trialAfter then the judge will read little bit of laws to the jury- jury rulesJury then leaves to discuss the case and decide on a verdictGuilty/ not guiltyOr lesser chargesNot guilty of some charges but guilty of other chargesIf they cant decide they’ll be hung and then the trial will start all over againIf it’s a death penalty case (capital cases) there must be 12 jurors must be unanimousPost-Verdict MotionMotion to pull the juryWhen the jury makes a guilty verdict, the judge will ask two questions to each jurorWhether someone pressured you into deciding that the defendant is guilty“Juror # was this your verdict, and is it still your verdict”If the juror says no to either of those questions, it was not a unanimous verdictMotion for an arrested verdictWhen they come back with a guilty verdict but let’s just change it hypotheticallyIf the judge believes the decision was not made based on the facts of the caseIt was instead made based on passion or prejudice of the juryMotion for a miss-trialSometimes things may go wrongObjections or witness slips the wrong thing on the standJudge will rule over almost all the timeIf anything like that happens the defense will ask for a mistrial back to what went wrongOnly means you can re-tryProsecutorial miss-conductIf the prosecutor legit offers fake evidence or send a witness to lieOr if the evidence gives a false impressionIt violates the defendant’s due process rightsSometimes the prosecutor can put someone on the stand but the witness gets up and lies for whatever reason without them purposely wanting them toThe prosecutor must bring it up and point it outProsecutor needs to stop and tell the judgeIf the damage is done then they declare a mistrialBrady v. MarylandTwo guys are faced with the death penalty for murderBefore trial Brady’s lawyers asked the prosecution for all the co-defendant’s statementsThe prosecutor gives the statements but leaves the one with the co-defender confessed that he did it allAt trial Brady gets on the stand and he admits he was there but he didn’t do the killing- it was actually the other personThe jury didn’t believe the testimony and he was faced with the death penaltyWhen in prison he finds out about the other statementWhen the defense got their hands on it they file a post conviction reliefThey stated that hiding that statement ruined the defendant’s caseSupreme Court said “The prosecution must disclose any evidence important to guilt or punishment”If the prosecutor has material factual evidence that is favorable to the defendant the prosecutor must give it to the defenseIf the prosecutor or law enforcement makes a promise of leniency to the witness, they have to disclose it to the defense as wellCRJU 203 1st Edition Lecture 21Outline of Lecture I. Trial Procedure II. Post- Verdict Motion a. Motion to pull the jury b. Motion for an arrested verdict c. Motion for a mistrial III. Brady v. Maryland Current Lecture  Trial Procedure- The defense does not have the burden of offering evidence in the trial o That’s on the prosecution because they are the ones pressing charges- The defendant has the right to stay silent o Prosecution cannot make a comment about his silence o The defendant does not have to get on the stand and testify - After the defense puts up their case in chief, the prosecution puts up their rebuttal case o They need evidence to rebut the case in chief o When the defendant says that he wasn’t present and they could not have been involved - The prosecution then puts up their rebuttal, whether it’s a witness or documentation- After the rebuttals- there are closing arguments o Both sides get to argue the significant of the facts that were presented in the trial o After then the judge will read little bit of laws to the jury- jury ruleso Jury then leaves to discuss the case and decide on a verdict  Guilty/ not guilty  Or lesser charges  Not guilty of some charges but guilty of other charges  If they cant decide they’ll be hung and then the trial will start all over again  If it’s a death penalty case (capital cases) there must be 12 jurors mustbe unanimous 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.Post-Verdict Motion - Motion to pull the juryo When the jury makes a guilty verdict, the judge will ask two questions to eachjuror o Whether someone pressured you into deciding that the defendant is guilty  “Juror # was this your verdict, and is it still your verdict”  If the juror says no to either of those questions, it was not a unanimous verdict - Motion for an arrested verdict o When they come back with a guilty verdict but let’s just change it hypothetically o If the judge believes the decision was not made based on the facts of the case  It was instead made based on passion or prejudice of the jury - Motion for a miss-trial o Sometimes things may go wrong  Objections or witness slips the wrong thing on the stand  Judge will rule over almost all the time o If anything like that happens the defense will ask for a mistrial back to what went wrong o Only means you can re-try - Prosecutorial miss-conduct o If the prosecutor legit offers fake evidence or send a witness to lie o Or if the evidence gives a false impression o It violates the defendant’s due process rightso Sometimes the prosecutor can put someone on the stand but the witness gets up and lies for whatever reason without them purposely wanting them to  The prosecutor must bring it up and point it out  Prosecutor needs to stop and tell the judge o If the damage is done then they declare a mistrial o Brady v. Maryland 