13.1: Overview, Objectives, and Key Terms
Overview
All the previous chapters have laid the foundation to understand the trial process. This chapter examines the trial process and legal defense. The trial phase is governed by laws covering speedy trial guarantees, the selection and use of petit jurors (trial jurors); the rules of evidence (statutory and common law rules governing the admissibility of certain types of evidence such as hearsay or character evidence, the competency and impeachment of witnesses, the existence of any privilege, and the exclusion of witnesses during the testimony of other witnesses); the right of the defendant compulsory process (to secure favorable testimony and evidence); the right of the defendant to cross-examine any witnesses or evidence presented by the government against him; fair trials free of prejudicial adverse pre-trial or trial publicity; fair trials which are open to the public; and the continued right of the defendant to have the assistance of counsel and be present during his or her trial. Legal defenses are also very important to understand. This module will explore the different types of criminal defenses.
- Identify the steps in a criminal court trial.
- Define the burden of proof
- Distinguish the civil and criminal burden of proof
- Compare circumstantial and direct evidence in a trial
- Explain the jury selection process.
- Identify the different types of defenses that can be used in a criminal trial.
Key terms
Burden of proof, burden of production, burden of persuasion, beyond a reasonable doubt, bench trial, preponderance of evidence, beyond a reasonable doubt, presumption of innocence, inference, presumption, rebuttable or irrebuttable, circumstantial evidence, direct evidence, opening statement, witness examination, objections, hearsay, relevance, closing arguments, jury instructions, jury deliberations, verdict, legal defenses, insanity defense, entrapment, self-defense, involuntary intoxication, mistake, necessity, duress.