Constitutional Issues During Criminal Trials

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Objective Define terms associated with the lesson. Identify which amendments apply to criminal trails. Discuss the Amendments involved in the U.S. Constitution. Explain how the U.S. Constitution affects the trial process. Analyze the amendments that affect the trial process.

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

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

Fifth Amendment Miranda v. Arizona (1966) Grand Jury Double Jeopardy Self-incrimination Due Process Miranda v. Arizona (1966) Accused does not have to testify against his or her self. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Self-Incrimination 5th Can the defendant refuse to take the stand and testify? Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Self-Incrimination 5th Yes Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Self-Incrimination 5th Under what circumstances can a witness be compelled to testify? Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Self-Incrimination 5th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Double Jeopardy 5th Successive prosecution of a defendant for the same offense by the same jurisdiction (Pastor) 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. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

When is the right deemed to have been waived? Double Jeopardy 5th When is the right deemed to have been waived? Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Double Jeopardy 5th When a conviction is set aside on appeal (short hand) Hung juries Mistrials New evidence which alters the “offense” or sentence Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

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

Trial by Jury 6th Do juries have to be 12 members? Is it a constitutional right? Williams v. Florida (1970) – Answered NO Some state laws require it Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Trial by Jury 6th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Trial by Jury 6th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Trial by Jury 6th Juveniles do not have a constitutional right to a trial by jury, but states can grant them this right Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Speedy Trial 6th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Speedy Trial 6th When does the right apply? Whichever of these two come first After a person has been formally charged with a crime After arrest Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Speedy Trial 6th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Right to Counsel 6th When does a person have a right to be represented by counsel? At every critical stage of the criminal proceeding Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Right to Counsel 6th When does the right to counsel apply? Custodial Interrogations Post indictment Lineups Preliminary hearings Trials Sentencing Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Right to Counsel 6th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

Right to Confront Witness 6th 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 

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

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

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

Fair and Impartial Trial – 5th and 14th Amendment 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) Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Resources The United States Bill of Rights 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 The Annenberg Classroom http://www.annenbergclassroom.org FindLaw http://www.findlaw.com Justice Learning http://www.justicelearning.org Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.