Presentation on theme: "Chapter 14: The Criminal Justice Process"— Presentation transcript:
1Chapter 14: The Criminal Justice Process The Trial
2Due Process Provided by the 6th Amendment Gives the accused the right: To a jury trial in publicTo confront and cross- examine witnessesTo be informed of their rights and the charges against themA trial without undue delayDoes not give a defendant a free attorney when they can afford one.
3Right to a Speedy TrialPrevents defendants from being held indefinitely in jail without trial
4Right to an AttorneyNot guaranteed in a criminal case in which jail time is not a possibilityIs implemented when a defendant is too poor to afford their own attorney
5Self-IncriminationRight 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
7Jury PanelA group of people drawn from voter registration, tax lists, or DMV records from which juries are drawn
8Peremptory Challenges A device an attorney can use a limited number of times in asking the court to exclude a particular juror without giving a reasonCannot be used to exclude jurors based on race
9Removal for CauseRequest 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
10Right to Jury TrialDefendants have the right to waive their right to a jury trial and have their case heard by a judge only.
11SubpoenaA court order requiring a witness to appear in court to testify.
12ImmunityBeing granted immunity means that a witness cannot be prosecuted based on any information provided in a testimony.Must answer all questionsCannot be prosecuted even if you admit to unsolved crimes
13Disruptive Defendants 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.
14Jury NullificationThe power of a jury to disregard the law and decide the case in the interest of justice.
15Writ of Habeas CorpusAn order from a higher court to a lower court or court officialLiterally means “to produce the body”Claims that a defendant is being held legally and requests release
16If convicted, defendants have the option to… Make a motion that the judge overturn the convictionAppeal the convictionAsk the judge to declare a mistrial
17AppellantRequests a higher court to reverse the trial court’s decision
18An appeal involves… Submission of legal briefs Oral Arguments Review of trial transcripts