1. Constitutional Issues During Criminal Trials

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3. U. S. Constitution Bill of Rights
Rights apply in both state and federal criminal proceedings
Required by Constitution, not state/federal law
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4. Fourth Amendment Probable Cause Search Warrant
Unreasonable Searches and Seizures
Evidence seized in an illegal search can be suppressed at trial.
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5. Fifth Amendment Grand Jury Double Jeopardy Self-incrimination
Due Process
Accused does not have to testify against his or her self.
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6. Self-Incrimination 5th
Can the defendant refuse to take the stand and testify?
Yes
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7. Self-Incrimination 5th
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
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8. Double Jeopardy 5th
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.
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9. Double Jeopardy 5th 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
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10. Sixth Amendment Criminal Prosecutions Jury Trial
Speedy and Public Trial
Right to Counsel
Right to Confront Witness
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11. 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
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12. 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
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13. 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
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14. Trial by Jury 6th
Juveniles do not have a constitutional right to a trial by jury, but states can grant them this right
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15. 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
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16. 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
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17. 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
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18. Right to Counsel 6th
When does a person have a right to be represented by counsel?
At every critical stage of the criminal proceeding
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19. Right to Counsel 6th When does the right to counsel apply?
Custodial Interrogations
Post indictment Lineups
Preliminary hearings
Trials
Sentencing
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20. 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
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21. 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
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22. Seventh Amendment Jury Trials in Certain Civil Cases Common law
Amount in controversy over $20
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23. Eighth Amendment Excessive Bail or Fines Cruel and Unusual Punishments
Is capital punishment cruel and unusual punishment?
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24. Fourteenth Amendment Privileges and Immunities Due Process
Equal Protection
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25. 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)
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26. Resources
The United States Bill of Rights ript.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
The Annenberg Classroom
Do an Internet search for the following:
FindLaw
Justice Learning
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