Criminal Trial Practice Exam 1

Understand peremptory strike or challenge.
Click the card to flip 👆
1 / 31
Terms in this set (31)
Understand peremptory strike or challenge.
Can be used by the parties to dismiss a potential juror for almost any reason.
Understand the sources of proof.
Witnesses: People as a witness
Exhibits: Photos or videos
Judicial notice: Something easily verifiable
Stipulation: Someone says "that bullet fits the gun exactly"
Know what material may be covered in cross examinations.
Any relevant matter including credibility
Know how many jurors must be in agreement to reach a verdict in South Carolina.
Civil and Criminal = All of them, unanimous
Understand the enemy of effective communication.
Boredom
Be familiar with the concept of "Beliefs."
What we know (think we know)
Be familiar with the concept of "Attitudes."
How we feel about something
Know what categories research divides jurors into.
Persuaders: College educated
Participants: Followers but will engage
Non-participants: Followers that go with majority
Know what qualities research shows jurors like in witnesses and lawyers
likable and attractive
Be familiar with the concept of "Primacy"
Better remember what was heard first (start strong)
Be familiar with the concept of "Recency."Better remember what was heard last (end strong)Know the period of time for which studies show people have high-level attention spans.15-20 minUnderstand the forces which jury verdicts are a product of.1. Individual decision making 2. Group decision makingKnow how many jurors there are in Magistrate (county)/Municipal (city) Court in South Carolina.6 jurorsKnow how many jurors there are in the Court of General Sessions in South Carolina.12 jurorsKnow who questions prospective jurors before a jury is selected (not including death penalty cases) in South CarolinaJudgeKnow the holding of the United States Supreme Court in Batson v. Kentucky.in civil and criminal cases, neither plaintiff or defendant's lawyers can use their peremptory strike or challenge solely based on race or gender.Know what phrase can be utilized in an opening statement to prevent an objection on the grounds of being argumentative"the evidence will show"Know what phrases in an opening statement what phrases improperly state your personal opinion about the facts or witnesses."I think..." "I know..." "I believe..."Know if the state (solicitor) can refer to evidence he/she anticipates the defense will present during trial. Why or why not?No. Because the defendant has a constitutional right not to present evidence.Understand what effective opening statements, like much of a trial, are based upon.Story tellingBe familiar with the hallmarks of effective opening statements.1. Start strong 2. Tell a good story 3. End strongKnow the secret of effective trial preparation.Preparation, preparation, preparationBe familiar with the concept of "theory."a persuasive story of what really happenedBe familiar with the concept of "label."the ways we refer to people and events throughout the trial. MAKE SURE ITS THE SAME.Be familiar with the concept of a "trial notebook."Organized 3 ring notebook containing evidence in your caseBe familiar with the "theory" from the video wherein a child witness testified."my mommy hurt my head"Who decides the facts in a case?JuryWho decides what laws to apply during the case?JudgeReview Rules of Evidence****Review Jury Selection Handout****