6 th Amendment protections, bail, grand jury, jury selections, plea bargaining

What protections are guaranteed under the 6 th Amendment? In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

When does the right to counsel kick in? Stage of process Right to Counsel? Investigative stop NO Frisk for weapons NO ArrestNO SearchNO Custodial Interrogation YES Lineups before charge NO First appearance NO Lineup after charge YES Grand jury review NO

When does the right to counsel kick in? Preliminary hearingYES ArraignmentYES Pretrial hearingYES TrialYES AppealYES

Gideon v Wainright Gideon was charged in a Florida state court with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. When he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison. Gideon was charged in a Florida state court with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer to prepare his defense. When he requested the court to appoint an attorney for him, the court refused, stating that it was only obligated to appoint counsel to indigent defendants in capital cases. Gideon defended himself in the trial; he was convicted by a jury and the court sentenced him to five years in a state prison.

What is the question? Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments? Did the state court's failure to appoint counsel for Gideon violate his right to a fair trial and due process of law as protected by the Sixth and Fourteenth Amendments?

Conclusion In a unanimous opinion, the Court held that Gideon had a right to be represented by a court-appointed attorney

Do you have a right to effective counsel?

YES Very difficult to prove Need to prove that the lawyer’s performance was inadequate The lawyer’s incompetence must have actually affected the outcome of the trial – the attorney WAS the Direct reason the case was lost.

Bail The release of defendants until their cases are decided The release of defendants until their cases are decided How does it work? How does it work?

Defendants pay bondsmen 10% of total amount of bail Bondsmen pay the court the rest Defendants don’t get that money back Preventative Detention –Not allowing bail to protect public safety

What is preventative detention? No bail is issued Flight risk Heinous crime Danger to self or others

What is an indictment? A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor. The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

What are some differences between a grand jury and a petit jury (trial jury) GrandPetit (trial) Only hears criminal cases Hears both criminal and civil cases Decides if there is enough evidence to go forward with a trial Decides guilt/innocence jurors (12 must agree for an indictment) Sits 6-12 people (must be unanimous)

How many people are on a jury panel to decide a criminal case?

12

What is it called when you are notified to show up for jury duty?

Being Summoned

Who may jury members discuss a case with while a trial is in progress?

Nobody - not even each other

What is the title for the leader of the jury? What is the title for the leader of the jury?

Jury Foreperson

What percentage of jurors must agree on the verdict on a civil case? What percentage of jurors must agree on the verdict on a civil case?

100%

How much are jurors paid?

 $30 a day

Can lawyers and police officers be called to jury duty?

Yes, but not judges Yes, but not judges

 How old do you have to be to be called to jury duty?

18

Are businesses required to provide paid leave to employees on jury duty? Are businesses required to provide paid leave to employees on jury duty?

 No

What does “sequestering” the jury mean and when does it happen?

 Keeping the jury separated from people outside the court system. The jury is sequestered during jury deliberations in a criminal trial and during the entire trial if it is a sensation case.

If you will probably lose a lot of money by being absent from your job to sit on a jury, the court will excuse you from jury duty? If you will probably lose a lot of money by being absent from your job to sit on a jury, the court will excuse you from jury duty?

False

If the jury agrees the defendant broke a law, but they feel it is an unfair law, the jury is still expected to find the defendant guilty. If the jury agrees the defendant broke a law, but they feel it is an unfair law, the jury is still expected to find the defendant guilty.

True – people should expect laws to be enforced consistently. It is the responsibility of Congress to change unfair laws

 Lawyers and judges prefer jury members who know little to nothing about the case going into the trial?

True – if it is believed that a prospective jury member already has an opinion about the case, it would be an unfair trial and such people are excused from the jury. This is why it is very difficult to put together a jury for high profile cases that have had extensive news coverage.

Lawyers may excuse prospective jurors from the panel for no reason at all?

 True – each side may excuse a limited number. These are called peremptory challenges

Jury members must remain silent during the trial?

True

Higher courts rarely overturn jury verdicts?

True

A person can get out of jury duty by demonstrating it is against their religion A person can get out of jury duty by demonstrating it is against their religion

False

Voir Dire (vwar deer) Empanelling (selecting a jury) Jurors are questioned by the judge, then by each attorney Challenge for cause – can be removed if you can’t be fair or impartial Peremptory challenge – can be removed for any reason (peremptory challenges are limited)

Qualifications for Jury Service in Minnesota Courts? 18 Citizen of US Resident of MN Read or speak English

Who is ineligible? Have not completed sentence or parole after a felony conviction Have not completed sentence or parole after a felony conviction Has already served on a jury within the last four years Has already served on a jury within the last four years Is a judge Is a judge

How are juries selected?  Voter registration  Drivers license  State-identification cards