3 Due Process of Law Every citizen is entitled to due process of law The idea that laws and legal proceedings must be fairThe Constitution guarantees that the government cannot take away a person’s basic rights to “life, liberty, or property, without due process of law”Procedures followed by law enforcement/ courts must protect an individual's rights as set out in the Constitution
4 Due Process of Law Accused people are entitled to have a jury trial in public without undue delayto be informed of their rights and of the charges against themto confront and cross-examine witnessesto compel witnesses to testify on their behalfto refuse to testify against themselvesto be represented by an attorney
5 Jury NullificationEarly in our history, judges often informed jurors of their nullification right. For example, our first Chief Justice, John Jay, told jurors: "You have a right to take upon yourselves to judge [both the facts and law]." Do You agree with Jay?
7 Right to a Trial by Jury Is guaranteed by the Sixth Amendment However, a jury is not required in every case, and most trials proceed without oneDefendants can waive (give up) their right to a jury trialDefendant may choose a "bench trial"
9 Bench Trial The judge performs the fact-finding function of the jury The defendant might choose a bench trial rather than a jury trial if:- the case involves technical legal issues that a jury might not easily understand- the defendant fears that a jury may be inflamed by the nature of the charges- the defendant believes the jury will be unable to judge the evidence in the case objectively
11 Jury Selection Process Members of the jury are selected through a process called voir dire (to speak the truth)Jury panels selected from voter registration or tax lists (aim to be representative of the community)
12 Juror ChallengesFor-cause challenge allows a potential juror to be eliminated for a specific reason (the juror knew the defendant or the victim in the case)Peremptory challenge allows an attorney to exclude a limited number of jurors without giving a reasonU.S. Supreme Court has ruled in a number of cases that a juror may NOT be excluded on the basis of race
13 In this tense jury argues a case in a stuffy room on a hot summer's day. Eleven say "guilty!" But one holdout (Juror #3) is convinced of the defendant's innocence and stubbornly argues "reasonable doubt." This tense courtroom drama is a remake of Sidney Lumet's 1957 favorite
14 LATE WORK REMINDERALL late work (class and homework assignments) must be submitted by this Wednesday at the end of school for inclusion in Term 2 grade.
15 Twelve Angry MenAs you view this movie – THINK ABOUT the role of doubt in deciding whether the defendant is guilty or not guiltyTHINK ABOUT doubt vs. “reasonable doubt”If you were the defendant in this case, would you want this jury to be your jury to decide your fate?
17 Right to a Speedy and Public Trial Sixth Amendment - defendants given a right to a speedy trial in all criminal casesOtherwise an innocent person might be denied fundamental liberties while awaiting trial in jail for something he or she did not doCase may be dismissed if the person does not receive a speedy trialDefendants can waive, or give up, this right for more time to prepare
19 Right to Compulsory Process Defendants in a criminal case have a right to compulsory process for obtaining witnessesThis means that the defendant can get a subpoena (court order) requiring a witness to appear in court to testifyWithout this right, defendants would have difficulty establishing a defense
21 Right to Confront Witnesses The Sixth Amendment provides the accused with the right to confront witnesses against them and to ask questions (cross examination)The defendant has the right to be present during the trialHowever, judges have the power to remove any defendant if he/she becomes disorderlyThe defendant can be held for contempt of court (any act to embarrass, hinder, or obstruct the court)
23 Freedom from Self-Incrimination This right comes from the Fifth AmendmentMeans that you cannot be forced to testify against yourself in a criminal trialThis right can be waived when a defendant takes the witness stand (now must answer all questions)If granted immunity (freedom from prosecution) a person MUST answer all questions – even those that are incriminating
25 Right to an Attorney This right is provided in the Sixth Amendment As a result of Supreme Court decision (Gideon v Wainwright), criminal indigent defendants (cannot afford an attorney) are appointed one by the state free of charge
26 5th Amendment’s Double Jeopardy The Fifth Amendment’s double jeopardy language means …a defendant cannot be prosecuted a second time for the same offense after either an acquittal or a conviction
28 Opening StatementAt the start of the trial, each side (prosecutor and defense) explains what it expects to prove or disprove and how they intend to do that
29 State Presents its Case Prosecution‘s Direct Examination of Their WitnessesCalls the witnesses for their sideAsks questions of the witnessQuestions based on the facts the witness has to offerDefense's Cross-examination of the Prosecution's WitnessesDefense attorney tries to get the other side's witness to admit something that will help his or her clientMay also try to show that a witness is not credible or dependable
30 Defense Presents its Case Defense's Direct Examination of Their WitnessesDefendant's attorney calls the witnesses for their sideProsecution's Cross-examination of the Defense's WitnessesProsecutor tries to get the other side's witness to admit something that will help their caseMay also try to show that a witness is not dependable
31 Closing ArgumentsEach attorney sums up the main points that help their caseThe prosecuting attorney is the first to present the main pointsThe defendant's attorney then makes an argumentFinally, the prosecuting attorney has a chance to react the defense's commentThis is called rebuttal
32 Judge's Instructions to the Jury The judge explains to the jury what the principles of law are in the caseHe or she asks the jury to make a fair decision about the case
33 Jury DeliberationsThe jury leaves the courtroom and goes to a separate to discuss the caseThe jury talks about and makes a decision in the caseOnce the jury makes a decision, it reports back to the courtroomThe judge announces the verdictIf the defendant waived a jury trial, the judge issues a verdict
34 The Verdict Verdict - a jury's decision on a case In most states, a unanimous decision is required one way or the otherIf the jury cannot reach a unanimous decision, it is said to be a hung jury, and the case may be tried againThe judge will declare a mistrialIf the verdict is guilty, the defendant may have a right to appeal if an error of law has been committed
35 Criminal Appeals Defendant found guilty is entitled to an appeal Many potential grounds for an appeal (error of law) may include:- Allowing inadmissible evidence- Mistakes in the judge's instructions to the jury- Misconduct on behalf of the jurors