1. Chapter 10 The Criminal Trial

2. Civil Rights During Trial
The Right to be Competent at Trial
Defendants must be mentally competent to understand the nature and extent of legal proceedings
Courts may force defendants to receive treatment so they can be tried
Important governmental interest must be at stake
Must significantly further state interests
Other less intrusive treatments unlikely to achieve substantially the same results
Must be medically appropriate

3. Civil Rights During Trial
The Right to Confront Witnesses
Provide for a control over hearsay evidence and allows the veracity of witnesses to be challenged
Helps the accused in preparation of a defense to know who will present testimony for the state
Does not necessarily mean a face-to-face confrontation
Court may use alternative methods to protect victims or other witnesses from trauma

4. Civil Rights During Trial (cont.)
The Right to a Jury Trial
Applies to any crime with a punishment of six months or more
Constitution does not require a 12 person jury, smaller juries may be permitted
The Sixth and Fourteenth Amendments do not mandate a unanimous verdict in non-capital cases

5. Civil Rights During Trial (cont.)
Right to Counsel at Trial
May choose to represent self (pro se)
Waiver must be made knowingly and intelligently
Court may refuse to allow if defendant not believed competent to waive right
No right to self-representation in appeals

6. Civil Rights During Trial (cont.)
The Right to a Speedy Trial
No set time which defines the term
Supreme Court considers a fundamental right:
Improves the credibility of the trial
Avoids lengthy pretrial detentions
Avoids extensive pretrial publicity and other conduct that may interfere with fair trial
Delay may adversely affect defendant’s ability to defend themselves

7. Civil Rights During Trial (cont.)
Public Trials
Sixth Amendment guarantees a speedy and public trial
Designed to ensure fairness of the proceedings
Both the press and public may attend trials

8. Civil Rights During Trial (cont.)
Pretrial Publicity
Judge may not prohibit press from reporting details of a crime
Hearings may be closed to public if there is a substantial probability that the defendant’s right to a fair trial would be prejudiced by publicity
Trials must remain open to the press even in sensitive matters
Defendant can not object to use of cameras in the courtroom – generally it is the judge’s discretion to allow

9. Civil Rights During Trial (cont.)
Proof Beyond a Reasonable Doubt
Standard of proof required to convict a defendant
Defendants are presumed innocent until proven guilty
Reduces risk of convictions based on factual errors
Underlies our belief that it is better to release a guilty person than convict an innocent one

10. The Trial Process
Formal process conducted in a specific and orderly fashion according to rules of criminal law
Structured adversary proceeding
Each side seeks to present its case favorably

11. The Trial Process (cont.)
Jury Selection
Jurors randomly selected from voter registration or licensing lists (called a “venire”) Few states impose qualifications on jurors
Usually prohibit convicted felons from serving
Venire – initial list of persons chosen

12. The Trial Process (cont.)
Voir Dire
French for “to tell the truth”
Questioned by prosecutor, defense, and sometimes the judge about their background, occupations, residences, and knowledge or interest in the case

13. The Trial Process (cont.)
Challenges for Cause
During voir dire prosecution or defense shows why potential juror is not unbiased
No limit to the number of prospective jurors who can be removed for cause

14. The Trial Process (cont.)
Peremptory Challenges
Prosecution and defense may excuse prospective jurors without providing a reason or “cause”
Number of challenges are limited – varies by jurisdiction
Can’t be used to eliminate jurors on the basis of race, ethnicity or gender

15. The Trial Process (cont.)
Opening Statements
Prosecutor then defense makes an opening statement
Statements are designed to provide an overview of each sides case to the jury
Must not contain prejudicial remarks, inflammatory statements, or mention irrelevant facts

16. The Trial Process (cont.)
Witness Testimony
Direct examination: the questioning of one’s own (prosecution or defense) witness during a trial
Cross examination: interrogation of opposing sides’ witnesses during the trial
Witnesses are restricted to factual information
Only expert witnesses may offer opinions based on their training and expertise

17. The Trial Process (cont.)
Types of Evidence at a Criminal Trial
Testimonial evidence
Real evidence
Documentary evidence
Circumstantial evidence
To be admissible evidence must be relevant

18. The Trial Process (cont.)
Motion for a Directed Verdict
Defense normally makes at conclusion of state’s case
Judge is requested to order jury to return a verdict of not guilty on the grounds the state has failed to meet its legal burden of proof

19. The Trial Process (cont.)
Presentation of Defense Attorney’s Evidence
Defendant is under no obligation to present evidence – the burden of proof is on the prosecution
Of primary concern is whether the defendant should testify
After the defense rests its case the prosecution is given the opportunity for rebuttal which may be followed by the defense’s surrebuttal

20. The Trial Process (cont.)
Closing Arguments
Used to review facts and evidence
Prosecution and defense can draw reasonable inferences from evidence
Cannot refer to matters not in evidence
Cannot comment on defendant’s refusal to testify

21. The Trial Process (cont.)
Instructions to the Jury
Judge’s responsibility
Provides jury with information about the law
Elements of the crime
Evidence required for proof
Burden of proof required
Improper instructions are often the basis for an appeal

22. The Trial Process (cont.)
The Verdict
While not constitutionally required, most verdicts must be unanimous
If the jury has only six members, a unanimous verdict is required
Hung jury: jurors cannot reach a verdict. Defendant may be retried.
Guilty verdict: judge will normally set a date for sentencing and ask for a presentence investigation report
Not guilty: defendant is free and may not be retried.

23. The Trial Process (cont.)
The Sentence
Normally the responsibility of trial judge although in some jurisdictions jury may impose or make recommendation
Judges have great deal of discretion in state courts
Judge will consider information in pre-sentence investigation report

24. The Trial Process (cont.)
The Appeal
Writ of habeas corpus
Harmless error
Indigent’s right to counsel for first appeal
Court transcript serves as the basis for appellate review