Copy of Cherokee Nation: A History of Survival, Self-Determ…

Simplified Trial Steps

Calling of the Case by the Bailiff: "All rise. The Court of _______ is now in session. The Honorable Judge _______ presiding."

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Opening Statement: The prosecutor (in a criminal case) or plaintiff’s attorney (in a civil case) presents an overview of their case. The defendant’s attorney follows with their opening statement. Prosecution’s or Plaintiff's Case: Witnesses for the prosecution or plaintiff are called to testify. The defense will cross-examine the witnesses to challenge their credibility. Defendant’s Case: The defense presents its witnesses and evidence. The prosecution or plaintiff will cross-examine these witnesses. Closing Statements: Each side summarizes their case and asks the jury or judge to rule in their favor. Jury Instructions (for Jury Trials): The judge explains the law to the jury, including the standard of proof required. In criminal cases, the prosecution must prove the defendant’s guilt "beyond a reasonable doubt." In civil cases, the plaintiff must meet the "preponderance of the evidence" standard. Deliberation and Decision: The jury deliberates, discussing which witnesses were most credible and what evidence was persuasive. If done for educational purposes, it may be beneficial to have the jury deliberate in front of the class. Sentencing (Criminal Trials Only): If the defendant is found guilty, the judge may pronounce a sentence after reviewing a background report, often prepared by a probation officer.

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