When people think of criminal procedure in the American judicial system, they usually think of the trial and the adversary system Paper details 1. When people think of criminal procedure in the American judicial system, they usually think of the trial and the adversary system where the Prosecutor representing the State spars with the Defense Attorney representing the criminal defendant. Certainly the film and television industries have glamorized the trial particularly jury trials to no end with the dramatic direct examination and cross examination of witnesses and the presentation of physical evidence through those witnesses. Since only about 10% of the criminal cases are settled by trial and approximately 1% are jury trials, why do we focus on them? Why are we so concerned that a trial be fair? Why does so much of the Fifth and Sixth Amendments to the U.S. Constitution concern the trial? Be sure and discuss the applicable concepts of this chapter in your discussion of these questions. 2. Do the case briefs for the U.S. Supreme Court cases of Kyles v. Whitley 514 U.S. 419 (1995) and Coker v. Georgia 433 U.S. 584 (1977) in the back of the textbook.z Case Briefing: Students will from time to time be called to write briefs of landmark cases, keep a briefing casebook and may occasionally be called on to recite those briefs on-line 1. A case brief includes a summary of the facts of the case. 2. A case brief includes the holding of the majority/plurality of the court. 3. A case brief includes the reasoning behind that holding. 4. A case brief includes the importance of that case to the criminal justice system and American society as a whole.
