Format

Pre-Trial Procedures

Pre-Trial Conference

• Prior to the trial, the parties meet (often without the judge present) to identify and agree upon uncontested facts. These formal admissions help streamline the trial by ensuring that both sides do not need to re-establish common ground during questioning.

Courtroom Setup and Initial Proceedings

Seating Arrangement

• The prosecution sits on the right side of the bench, while the defense sits on the left.

Opening of the Case

Preliminary Probable Cause Determination

• At the outset, the judge will inquire into the probable cause underlying the incident. The prosecution must briefly present the facts and evidence that justify the initial stop or arrest. This step helps determine whether the case has a sufficient basis to continue. If the judge finds no probable cause, the case may be dismissed at this early stage. The judge begins by requesting a list of charges from the prosecution and then asks the defense to enter a plea.

  • If the plea is "not guilty," the trial will proceed.

  • If the plea is "guilty," the case will generally proceed directly to sentencing.

Opening Statements

Prosecution’s Opening Statement

• The prosecution presents a brief overview of the case, outlining the evidence that will be introduced and arguing for the defendant’s guilt. The aim is to create a persuasive narrative that leaves little room for doubt.

Defense’s Opening Statement

• The defense responds with a concise statement challenging the prosecution’s assertions. Rather than proving innocence outright, the defense focuses on creating reasonable doubt by questioning the reliability or sufficiency of the evidence.

Presentation of Evidence

Prosecution’s Case

• The prosecution calls its witnesses. Each witness is:

  • Directly Examined: The prosecution questions the witness to establish facts.

  • Cross-Examined: The defense then questions the witness to challenge or clarify the testimony.

  • Re-Examined (if necessary): The prosecution may follow up on issues raised during cross-examination.

  • The judge may also question witnesses to ensure clarity.

Defense’s Case

• After the prosecution rests, the defense presents its witnesses following the same process:

  • direct examination by the defense, cross-examination by the prosecution, and, if necessary, re-examination by the defense.

  • The judge may again seek clarification as needed.

Closing Arguments

Prosecution’s Closing

• The prosecution summarizes the case, emphasizing how the evidence meets the legal elements of the charges and supporting a verdict of guilt.

Defense’s Closing

• The defense recaps the shortcomings or inconsistencies in the prosecution’s case, aiming to reinforce the presence of reasonable doubt regarding the defendant’s guilt.

Deliberation and Verdict

• The judge (or jury) reviews all evidence and arguments, then renders a verdict:

  • Not Guilty: The defendant is acquitted.

  • Guilty: The case moves to the sentencing phase (or, if a guilty plea was entered earlier, directly to sentencing).

Sentencing

Informal Sentencing

• In San Andreas, sentencing is handled somewhat informally. The judge may ask the prosecution for a recommended sentence, but if the recommendation is deemed excessive or inappropriate, the judge is free to impose a sentence that they consider just and appropriate.

Roles and Objectives

Prosecution’s Objective

• To establish the defendant’s guilt beyond a reasonable doubt by presenting a solid, cohesive case. The prosecution must address any gaps in their argument swiftly to prevent the defense from undermining their case.

Defense’s Objective

• To create reasonable doubt about the defendant’s guilt by exposing inconsistencies or weaknesses in the prosecution’s evidence. The defense does not need to prove innocence; they only need to cast sufficient doubt on the prosecution’s case.