SOCL 3371 Chapter : Chapter 9 Notes
Document Summary
Criminal trials: sole purpose to ascertain the legal guilt or innocence of a person charged with a criminal act. Legal guilt: established when a prosecutor is able to persuade a judge or jury that the defendant is guilty of the criminal charges against him or her beyond a reasonable doubt. Differs from factual guilt: which refers to whether the defendant actually committed the crime. Sentencing will follow if there is a guilty verdict. Purpose is to offer summarized, logical, factual and vivid mental picture of what actually transpired. Prosecutor offers the first opening statement because they have the burden of proof. Defenses goal is to describe how the trial will demonstrate that the prosecution has failed to prove criminal conduct. Defense then engages in cross-examination of witnesses called by the prosecutor. Purpose of cross-examination is to test the credibility and memory of the witnesses. Prosecutor may redirect after the defense attorney"s cross-examination.
