Practical Law – Chapter 14 Trial

Due Process, which means having fair procedures, is guaranteed by the U.S. Constitution. The rights of the accused are as follows. Right to Trial by Jury – guaranteed by the Sixth Amendment. Juries are actually rarely used, and are not required for most cases that are punishable by less than six months. Juries are pulled from voter registration rolls or, in some states, tax lists. The U.S. supreme court has recently ruled that a juror may not be excluded on basis of their race.

Practical Law – Chapter 14 Trial Right to a Speedy and Public Trial - Also guaranteed by the Sixth Amendment. Speedy is not defined, but some states have set specific rules for how far in advance a trial may be scheduled. In those states, a case may dismissed if it cannot be brought to trial. Many defendants will waive that right to allow more time to prepare or find witnesses.

Practical Law – Chapter 14 Trial Right to compulsory process and to confront witnesses The accused have the right to use a subpoena (a court order) to force witnesses to testify. The Sixth Amendment also allows the accused to cross-examine their accusers face-to-face. For child witnesses, especially in abuse cases, the rules about having the right to confront witnesses face-to-face may be modified.

Practical Law – Chapter 14 Trial Right from self-incrimination You cannot be forced to testify against yourself. However, if a defendant takes the stand in his own defense, he or she must answer all questions Right to an Attorney Since 1972, the U.S. Supreme Court has told courts that they must provide a lawyer in all criminal cases, even misdemeanors.