CJP – THE TRIAL

Right to Trial by Jury When are juries used?  6 th Amendment  Juries are not required for offenses punishable by less than 6 months in jail.  Defendant can waive their right and have a bench trial

How a Jury is Selected Selected from:  Voter Registration  Tax Lists  Driver’s License  Attorney’s cannot exclude someone based on race or gender  Supreme Court only requires 6 Jurors

Excluding Jurors Peremptory Challenge – when an attorney asks the court to exclude a particular juror without giving a reason.  If defendant can make a case of racial bias by a prosecutor, the prosecutor must prove a race neutral reason for peremptory exclusion.

Speedy and Public Trial  6 th Amendment  Const. does not define “speedy”, courts have had a hard time deciding its meaning.  States typically decide the meaning.  Defendants often waive this right  Why?

Witnesses  Defendants have a right to compulsory process for obtaining a witness.  Subpoena  Helps defendant establish a case  6 th Amendment – right to confront your accuser  Ask questions by way of cross examination  Right to confrontation is sometimes modified for child witnesses  Contempt of Court

Self Incrimination  5 th Amendment  Prosecutor cannot make any statement drawing the jury’s attention to the defendant’s refusal to testify.  Defendants also have the right to testify if they wish.  Defense Attorney often counsel clients, and can object to inappropriate questions.

Self Incrimination Immunity  Witness cannot be prosecuted based on any information provided in a testimony  Based on a deal with the District Attorney.  Must answer all questions  Prosecutors use these laws to force people to testify against codefendants.

Public Defender  May either be private or public  Public defender’s office is supported by the government.  Represent poor people in criminal cases  Paid a lot less than private attorney’s

Criminal Appeals  “Not Guilty” – typically the end of the case  Prosecution cannot appeal  “Guilty” – Sentencing will follow  Defendant can ask the judge to overturn the jury’s verdict or declare a mistrial  Or Appeal to a higher court. Can challenge the conviction or the sentencing decision

Order of Events  Appeal must be filed shortly after the final judgment  Lets the prosecution and court know  Appellate court sets the schedule, which involves the preparation of legal briefs

Briefs  Short statements from each lawyer about the case.  Defendants – states the alleged error of law  States Reply – response to those arguments.  Typical Possible errors  Ineffective assistance  Improperly admitted evidence  Jury had wrong instructions  Improper use of sentencing guidelines.