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2. 2 Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have.TEA Copyrights Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

3.  Bill of Rights  Rights apply in both state and federal criminal proceedings  Required by Constitution, not state/federal law 3 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

4.  Probable Cause  Search Warrant  Unreasonable Searches and Seizures Evidence seized in an illegal search can be suppressed at trial. 4 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

5.  Grand Jury  Double Jeopardy  Self-incrimination  Due Process Accused does not have to testify against his or her self. 5 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

6.  Can the defendant refuse to take the stand and testify? ◦ Yes 6 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

7.  Under what circumstances can a witness be compelled to testify? ◦ If the statute of limitations has run out on the crime ◦ If the witness has been acquitted or convicted and therefore can’t be re-prosecuted ◦ If the witness is granted immunity from prosecution 7 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

8.  Successive prosecution of a defendant for the same offense by the same jurisdiction  When does the prohibition against double jeopardy apply? ◦ In a jury trial, when a competent jury has been sworn ◦ In a bench trial, when the first witness has been called and sworn  If a charge is dismissed before either stage is reached, the defendant may be charged and tried again. 8 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

9.  When is the right deemed to have been waived? ◦ When a conviction is set aside on appeal ◦ Hung juries ◦ Mistrials ◦ New evidence which alters the “offense” or sentence 9 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

10.  Criminal Prosecutions  Jury Trial  Speedy and Public Trial  Right to Counsel  Right to Confront Witness 10 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

11.  Do juries have to be 12 members? Is it a constitutional right? ◦ Williams v. Florida (1970) – Answered NO ◦ Some state laws require it 11 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

12.  Jury must have 6-12 members  Does this depend on the offense? ◦ No, unless a capital case  Court has never stated they required 12- member juries for capital cases, but assumed they would 12 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

13.  When do you have a right to a trial by jury? ◦ Baldwin v. New York (1970) – when the sentence imposed can be more than 6 months imprisonment ◦ Does not matter what sentence is actually imposed 13 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

14.  Juveniles do not have a constitutional right to a trial by jury, but states can grant them this right 14 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

15.  No set time limit that a trial must be held, it just must be free from unnecessary and unwanted delay  Some states have speedy trial laws which mandate trials within a certain number of days, otherwise charges are dismissed 15 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

16.  When does the right apply? ◦ Whichever of these two come first  After a person has been formally charged with a crime  After arrest 16 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

17.  In deciding whether a right has been violated court looks at (Barker v. Wingo 1972): ◦ 1) Length of delay ◦ 2) Reason for delay ◦ 3) Defendant’s assertion or nonassertion of rights ◦ 4) Prejudice to the defendant 17 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

18.  When does a person have a right to be represented by counsel? ◦ At every critical stage of the criminal proceeding 18 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

19.  When does the right to counsel apply? ◦ Custodial Interrogations ◦ Post indictment Lineups ◦ Preliminary hearings ◦ Trials ◦ Sentencing 19 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

20.  For what offenses does a person have a right to court-appointed counsel during trial? (also applies to plea bargaining) ◦ 1) All felonies ◦ 2) Misdemeanors if facing a possible jail sentence and actual confinement is imposed 20 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

21.  Allows the accused to challenge the accusations of a witness  Allows the judge or jury to determine the credibility of the witness  Opportunity to impeach a witness 21 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

22.  Jury Trials in Certain Civil Cases ◦ Common law ◦ Amount in controversy over $20 22 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

23.  Excessive Bail or Fines  Cruel and Unusual Punishments Is capital punishment cruel and unusual punishment? 23 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

24.  Privileges and Immunities  Due Process  Equal Protection 24 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

25.  Publicity surrounding the trial must not be such that it unduly influences the jury  A person must be convicted solely on the basis of evidence admitted at trial  Not that they have not heard anything from the media, but that they are not prejudiced (have not already formed an opinion) 25 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

26.  The United States Bill of Rights http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html  The Courts and Criminal Procedure, Instructional Materials Service, Trade and Industry Education  Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe  Our Rights (1st Edition), David Bodenhamer http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329 http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329  The Annenberg Classroom http://www.annenbergclassroom.orghttp://www.annenbergclassroom.org  FindLaw http://www.findlaw.comhttp://www.findlaw.com  Justice Learning http://www.justicelearning.orghttp://www.justicelearning.org 26 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.