1. Unit 6  What needs to be done this week SeminarSeminar QuizQuiz Discussion boardDiscussion board Unit 9 Analysis and ApplicationUnit 9 Analysis and Application  Please read and follow the instructions  Answer all of the questions

2. Unit 6 The Trial: Players, Motions, Hearings, and Pleas Or I am getting my day in court

3. Pretrial Discovery  Generally, no trial by ambush  Reports, List of Witnesses  Statements of Witnesses and Defendant  Any promises or incentives  Obligations to disclose and tender

4. Prosecution discovery  Must tender all Brady material (Brady v. Maryland)  Evidence that may negate the guilt of an offender  Violation will result in a case being overturned and the Prosecutor facing ethics charges

5. Defense Discovery  In Fed Court and a few states: Basically same as prosecution  Other states, not required or fewer requirements  Notify Prosecution of defense to be raised Self defense, alibi, insanity, burden of proofSelf defense, alibi, insanity, burden of proof Right against self incriminationRight against self incrimination  No requirement to disclose consulting experts not to be called at trial

6. Pretrial Motions  Motions to suppress Motion to Suppress Evidence obtained in violation of 4 th Amendment- exclusionary ruleMotion to Suppress Evidence obtained in violation of 4 th Amendment- exclusionary rule Motions to suppress statementsMotions to suppress statements  Coerced, violation of Miranda (not given, waived or understood)-remedy? Motions to Suppress IdentificationMotions to Suppress Identification

7. Plea Negotiations aka Plea Bargains  Necessary evil in criminal justice  Incentive to plea not punishment for exercising constitutional right to trial  Charges dismissed or reduced or recommended sentence in exchange for plea  Must be approved by the Trial Judge

8. 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.  Usually not admissible – must fit an exception.  Many exceptions is state courts. More in federal courts.

9. Hearsay Exceptions  First ask, is statement reliable?  Statement against penal interest- confession in criminal case  Statement by party opponent-civil case  Co conspirator statement during course of conspiracy  Dying declaration, spontaneous utterance  Statements to medical personnel  Business Records

10. Rape Shield statutes  Prevents defense from inquiring into past sexual history or reputation of the victim  Intended to avoid the victim from being placed on trial  Exceptions such as past relationship between victim and defendant or other relevant issue Kobe Bryant (consent defense case)Kobe Bryant (consent defense case) Duke Lacrosse caseDuke Lacrosse case

11. Competency of witnesses  Witnesses assumed to be competent to testify- ability to recall, relate and understand oath-(compare child witnesses)  Lay witnesses can testify what personally saw or heard- No hearsay and limited opinion testimony  Expert Witnesses- if qualified can testify regarding their opinion on matter they examined or on hypothetical facts

12. Adversary system of due process  Each side has right to present evidence or testimony  Opposing side can contest and cross examine. Right of confrontation  Right to subpoena witnesses and evidence and to compel testimony  Witness who don’t appear or testify without legal reason can be held in contempt of court

13. Roles of parties  Victim and defendant  Prosecutor and defense attorneys- private, court appointed or Public Defender  Right of self representation  Finder of fact- Judge or jury?  6 th Amendment right to jury trial Can the prosecution request a jury?Can the prosecution request a jury?

14. Prosecutor  Primary role is to seek justice, not conviction  Entrusted by government to try offenders charged with crime  Responsible for case once it is in court though can be involved in charging decision

15. Defense attorney  Role is to zealously represent client within bounds of law  No responsibility to seek justice  Ethically prohibited to suborn perjury or to present fabricated testimony  Can represent those who they know are guilty

16. Attorney Client Privilege  Prohibited from disclosing conversations with their client regarding matters they represent them on. Purpose to promote honest and open communication  No privilege for future crimes or fraud  Andrew Wilson case