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Chapter 14: The Criminal Justice Process
Due Process Provided by the 6th Amendment Gives the accused the right:
To a jury trial in public To confront and cross- examine witnesses To be informed of their rights and the charges against them A trial without undue delay Does not give a defendant a free attorney when they can afford one.
Right to a Speedy Trial Prevents defendants from being held indefinitely in jail without trial
Right to an Attorney Not guaranteed in a criminal case in which jail time is not a possibility Is implemented when a defendant is too poor to afford their own attorney
Self-Incrimination Right not to be forced to testify against oneself in a criminal trial. (Plead the 5th) Prosecuting attorneys cannot mention that a defendant did not testify and use that against them
Plea Bargains Most cases are resolved this way
Jury Panel A group of people drawn from voter registration, tax lists, or DMV records from which juries are drawn
A device an attorney can use a limited number of times in asking the court to exclude a particular juror without giving a reason Cannot be used to exclude jurors based on race
Removal for Cause Request by an attorney to remove any juror who does not appear able to render a fair or impartial decision. Ex. If a juror is related to anyone involved in the trial
Right to Jury Trial Defendants have the right to waive their right to a jury trial and have their case heard by a judge only.
Subpoena A court order requiring a witness to appear in court to testify.
Immunity Being granted immunity means that a witness cannot be prosecuted based on any information provided in a testimony. Must answer all questions Cannot be prosecuted even if you admit to unsolved crimes
The judge has the power to hold a defendant in contempt of court when he/she becomes disorderly in the courtroom. They can be also bound and gagged or removed from the courtroom.
Jury Nullification The power of a jury to disregard the law and decide the case in the interest of justice.
Writ of Habeas Corpus An order from a higher court to a lower court or court official Literally means “to produce the body” Claims that a defendant is being held legally and requests release
If convicted, defendants have the option to…
Make a motion that the judge overturn the conviction Appeal the conviction Ask the judge to declare a mistrial
Appellant Requests a higher court to reverse the trial court’s decision
An appeal involves… Submission of legal briefs Oral Arguments
Review of trial transcripts
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