Presentation on theme: "#1 Explain due process The average person does not care about due process until he/she is accused of a crime Fair procedures: Jury trial in public, informed."— Presentation transcript:
#1 Explain due process The average person does not care about due process until he/she is accused of a crime Fair procedures: Jury trial in public, informed rights and the charges against them, to confront and cross-examine witnesses, to testify on their own behalf, to refuse to testify against self, and the right to an attorney.
#2: Explain waive. Give up the right to a jury trial; instead have a case heard by a judge, called a bench trial. In some states, waivers, occur in the majority of cases that are tried.
#3 Explain Voir Dire Process by which the prosecutor and defense attorney select members of the jury; They ask prospective jurors questions to determine possible bias.
#4 Explain for cause challenge. Ask for a potential juror to be removed for some specific reason Example: juror knows either the defendant or victim.
#5 Explain peremptory challenges. Process of removing potential jurors Do NOT have to be based on a specific reason Cannot remove based on race, gender, or national origin. Many times, law firms hire consultants to help them with the removal of potential jurors
#6 State how rights of people accused of crimes, are protected by the 6 th Amendment Right to speedy trial Speedy trial has not be determined Helps set specific limits within which a case must be brought to trial.
#7 Identify how a person who is denied a speedy trial might be harmed An innocent person could await trial – in jail – for years However, most defendants waive their right to a speedy trial because of the unavailability of an important witness, or because they need more time to prepare their cases.
#8 Explain why being able to subpoena a witness is important to people accused of crimes. Without being able to subpoena a witness, defendants would have difficulty establishing a defense
#9 State how courts may modify the right to confrontation for child witnesses. Closed-circuit TV cameras, child will testify in a separate room from the room the defendant is in. This occurs, especially, in child abuse cases.
#10 Explain what a subpoena is. Subpoena is a court order requiring a witness to appear in court to testify
#11 Explain what contempt of court means. If defendant becomes disorderly or disruptive he/she can be removed from court, and sometimes be bound and gagged.
#12 Explain the meaning and importance of freedom from self- incrimination. Cannot be forced to testify against self in criminal trials. This is important because…
#13 A.How immunity laws protect witnesses: witnesses cannot be prosecuted based on information provided in a testimony; B.What witnesses must do: Persons with immunity must answer all questions C.Circumstances in which prosecutors may use immunity: to force people to testify against codefendants or others involved in the crime.
#14 Identify the options defendants have if they think they have been wrongly convicted? Defendant can ask the judge to overturn the jury’s verdict and enter a verdict of not guilty; Or, he/she can ask the judge to set aside the jury’s verdict, and declare a mistrial, and ask for a new trial; Can appeal to a higher court
# 15 Explain various reasons a defendant who is appealing a conviction or sentence may wish to hire a new lawyer. Ask for an appeal; Lawyer who do trial work may not specialize in appellate work; Also, because the defendant 6 th Amendment rights have been violated which guarantees a right to effective assistance of council; Not guaranteed assistance of public defender.
#16 Explain the term double jeopardy. A defendant cannot be prosecuted a second time for the same offense after either an acquittal or conviction.
#17 explain mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be tried again.
#17 CONTINUED A judge may declare a mistrial for several reasons, including lack of jurisdiction, incorrect jury selection, or a deadlocked, or hung, jury
#18 Explain petitioner During an appeal the defendant is now called a petitioner
#20 Explain habeas corpus “Produce the body” Defendant is being held illegally and request release. Used when you cannot appeal. For example, a defendant might use a write to argue for his/her innocence based on DNA testing that occurred after the trial, a point that could not be made using an appeal. Gives criminal defendants the right to ask for relief from confinement, does not guarantee court will grant relief.