(9) Evidence: Trial Process

Question 1

Juror Investigations

Answer 1

Juries are prohibited from conducting independent investigations of the case, such conduct may result in a mistrial for the D.

Question 2

Definition & Purpose:

Jury

Answer 2

In a jury trial the jury is the trier of fact. The role of the jury is to determine the weight and credibility of the evidence

Question 3

Judge

Answer 3

In a jury trial the judge the trier of law. The trial judge generally decides preliminary questions regarding the competency of the evidence, whether the person is a qualified witness, and whether a privilege exists.

Court only bound to FRE rules when determining privileges unless it is a diversity case.

Question 4

Trial Process

Answer 4

Plaintiff/Prosecutors case in chief
D’s case
Plaintiff/Prosecutor’s rebuttal
Final Judgement