Presentation on theme: "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."— Presentation transcript:
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.