1. Chapter 13 The Courtroom: The Pretrial and Trial Process

2. Preliminary Hearing  must be held within a “reasonable period of time”  to determine whether there is sufficient evidence to subject the defendant to criminal prosecution  defendant has a right to representation by a lawyer  indictment states, information states, and modified indictment states

3. Grand Jury  Fifth Amendment  Hurtado v. California  Vazquez v. Hillery: automatic reversal rule  indictment  true bill vs. no bill  presentment  essential features of indictment essential elements factual specificity  power of grand jury investigations

4. Arraignment  defendant is brought before a judge, is informed of the charges, and required to enters a plea  four pleas not guilty not guilty by reason of insanity nolo contendere guilty

5. Pretrial Motions  double jeopardy Fifth Amendment United States v. Difrancesco  speedy trial Sixth Amendment Klopfer v. North Carolina  change of venue Article III, Section 2 of the U.S. Constitution Groppi v. Wisconsin

6. Pretrial Motions (cont.)  discovery Brady v. Maryland  suppression of evidence Fourth Amendment Fifth Amendment Miranda requirements exclusionary rule

7. Right to a Jury Trial  Article III, Section 2 of the U.S. Constitution  Sixth Amendment  Duncan v. Louisiana  Baldwin v. New York  Blanton v. City of North Las Vegas  Lewis v. United

8. Twelve-Member Jury Requirement  Thompson v. Utah: the Sixth Amendment follows the common law and guarantees an individual a jury composed of twelve persons, “neither more nor less” in federal court  Williams v. Florida: states are not required to use 12 member juries  Ballew v. Georgia: five jurors is too few

9. Jury Selection  venire  voir dire  peremptory challenge  challenge for cause  Equal Protection Clause

10. Peremptory Challenges  a juror who has his/her “mind made up” cannot fairly and impartially weigh the evidence, should not serve on the jury, and should be struck for cause  a challenge that is “exercised without a reason stated, without inquiry, and without being subject to the court’s control”  limited number

11. Challenge to Judges  federal “challenge-for-cause” and similar state statutes  file a motion claiming judicial bias  recusal  Caperton v. A.T. Massey

12. Public Trial  Sixth Amendment  a central component of due process  applies to all hearings related to the trial  designed to protect defendants from being subjected to secret trials  press and public may be excluded from a preliminary hearing where there is a substantial probability that the publicity will prejudice the defendant’s right to a fair trial and there are no reasonable alternatives to closing the hearing  proceedings may be closed to protect juveniles alleged to have been the victims of sexual abuse

13. Opening Statement  a brief verbal presentation of the evidence that a lawyer plans to present  lawyers are not to refer to evidence reasonably believed to be inadmissible later on  should not be used to make an impassioned argument or emotional appeal

14. Presentation of Evidence  case-in-chief  presented by prosecution  cross-examination  motion for a judgement of acquittal  rebuttal

15. Confrontation  Sixth Amendment  Confrontation Clause  based on a concern with insuring the accuracy of trials  issue of sexual molestation of juveniles

16. Cross-Examination  John Henry Wigmore: the “greatest” contribution of the common law and the “greatest legal engine ever invented for the discovery of the truth”  to determine whether a witness’s testimony can withstand questioning that probes the witness’s accuracy, consistency, and objectivity  Davis v. Alaska  Olden v. Kentucky

17. Hearsay  a “statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted”  a witness testifying as to what someone else said outside the courtroom  violates the Confrontation Clause  is allowed in certain, limited circumstances

18. Compulsory Process  Sixth Amendment  an individual shall have “compulsory process for obtaining witnesses in his favor”  defendant has the right to obtain witnesses, documents, and other evidence that are required to defend him/herself  defendant the right to present witnesses, documents, and other evidence at trial and to present a criminal defense

19. Burden of Proof  adversarial trial process  two components the burden of going forward (or the burden of production) the burden of persuasion  a criminal conviction carries serious consequences and that the Government must bear the burden of criminally convicting a defendant and depriving a defendant of his/her liberty  Fifth Amendment: “no person... shall be compelled in any criminal case to be a witness against himself”

20. Reasonable Doubt  standard of criminal guilt  In re Winship: the Due Process Clause “protects the accused from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged”  reasons presumption of innocence false convictions seriousness of criminal convictions community confidence

21. Closing Arguments  prosecutor then defense then prosecutor  Herring v. New York  ABA suggested limitations  Dunlop v. United States  Donnelly v. DeChristoforo  invited response doctrine

22. Jury Instructions  issued the the jury by the judge before the jury begins to discuss the defendant’s guilt or innocence  pattern jury instructions  attorneys may have some say

23. Jury Deliberations  jurors are ordinarily provided with copies of the charges and jury instructions  the judge may allow jurors to view exhibits that were introduced into evidence  “deadlocked” juries  reconsideration  hung jury  Allen or dynamite charge

24. Jury Unanimity  Sixth Amendment  Apodaca v. Oregon  Johnson v. Louisiana  nonunanimous verdicts  Burch v. Louisiana

25. Jury Nullification  should the jury find a law unfair, they may refuse to find the defendant guilty and vote to acquit  juries voting their conscience rather than the law  Sparf and Hansen v. United States  United States v. Washington  United States v. Dougherty  can only find guilty defendants not guilty, not vice versa

26. Guilty Pleas  plea bargains  three types reduction or dismissal of certain charges reduction of sentence sentence recommendation benefits criticisms constitutionality withdrawal of plea Hyde v. United States