Ch6. Trial Procedure — How a Criminal Trial Unfolds

Pretrial Preparation

Pretrial Phase:
Arraignment: defendant enters plea; charges read
Pretrial motions: suppress evidence, dismiss counts
Discovery: prosecution discloses witness lists,
  Brady/Giglio material (exculpatory evidence)

Bill of Particulars / Indictment:
Indictment states only the offense charged
  and the applicable statute
Prevents judicial prejudice (judge reads
  only charges, not police reports)
Prosecution's exhibit list filed separately

Right to Counsel:
Sixth Amendment guarantee
Appointed counsel: for indigent defendants
  facing incarceration (Gideon v. Wainwright)

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Flow of the Trial

Voir Dire / Jury Selection:
  Jurors questioned; challenges for cause
  and peremptory strikes

Opening Statements:
  Prosecution outlines case and burden of proof
  Defense previews theory of the case

Prosecution's Case-in-Chief:
  Witnesses examined (direct → cross)
  Documentary and physical evidence admitted

Defense Case:
  Defense witnesses; defendant may testify
  (Fifth Amendment: right to remain silent)

Closing Arguments → Jury Instructions → Verdict:
  Prosecution argues first, then defense,
  then prosecution's rebuttal

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Trial-Centered Adjudication

Confrontation Clause (Sixth Amendment):
  Defendant has the right to confront
  adverse witnesses face-to-face in open court
  Evidence tested through cross-examination,
  not pre-trial police reports or affidavits
  (Crawford v. Washington, 2004)

Live Testimony Preference:
  Judge and jury assess witness credibility
  directly; out-of-court statements
  subject to hearsay rules

Orality Principle:
  Oral testimony under oath is the norm
  Written depositions used only in
  limited circumstances

Concentrated/Speedy Trial:
  Speedy Trial Act (18 U.S.C. § 3161)
  Trial days run consecutively where possible
  to preserve factual continuity

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Key Concept Cards

Single Indictment Rule = Preventing Prejudice ★★★★★ : The indictment lists only the charge and statute — no prior convictions, no police summaries. Keeps the factfinder impartial. Memory hook: indictment = charge + statute only

Trial-Centered Adjudication = Live Courtroom ★★★★★ : Facts are determined by live evidence presented in court, not by the investigative file. Memory hook: Confrontation Clause = in-court, face-to-face

Appointed Counsel = Mandatory for Serious Charges ★★★★☆ : Under Gideon, any defendant facing potential incarceration is entitled to appointed counsel if indigent. Memory hook: Gideon = right to counsel for all

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Practice Questions

Q. What happens when the prosecution improperly withholds exculpatory evidence?

Brady v. Maryland (1963): suppression of material exculpatory evidence violates due process. Remedy: new trial or dismissal. Giglio extends this to impeachment evidence. Purpose: ensure the adversarial system can test the government’s case. Modern practice: courts enforce broad pre-trial disclosure obligations.

Q. What can and cannot a defendant say during final allocution (sentencing statement)?

Can say: mitigating circumstances, expression of remorse, reference to victim reconciliation, appeal for leniency in sentencing. Cannot do: introduce new evidence (evidence phase is closed), call additional witnesses (must move to reopen). The allocution carries real weight at sentencing — a sincere statement of remorse is one of the most effective tools available.