1. Law and Justice Chapter 14 - Trials

2. Due Process of Law Due Process of Law Due Process of Law Means little to people unless they are arrested Means little to people unless they are arrested Gives people the right to the following Gives people the right to the following Jury trial in public and without undue delay Jury trial in public and without undue delay Be informed of their rights Be informed of their rights Be informed of the charges against them Be informed of the charges against them Confront and cross examine witnesses Confront and cross examine witnesses Compel witnesses to testify on their behalf Compel witnesses to testify on their behalf Refuse to testify against yourself Refuse to testify against yourself Be represented by an attorney Be represented by an attorney

3. Right to Trial by Jury Right to Trial by Jury Right to Trial by Jury Guaranteed by the 6th Amendment but…. Guaranteed by the 6th Amendment but…. Most criminal cases are resolved by guilty pleas before ever reaching trial Most criminal cases are resolved by guilty pleas before ever reaching trial Crimes punishable by less than 6 months do not require a jury Crimes punishable by less than 6 months do not require a jury Defendants can also waive their right to a jury trial Defendants can also waive their right to a jury trial Jury Selection Jury Selection Jurors made up of registered voters or tax payers from a community – the total number chosen is known as the Jury Panel Jurors made up of registered voters or tax payers from a community – the total number chosen is known as the Jury Panel federal level requires 12, many state courts use 6 or 9 federal level requires 12, many state courts use 6 or 9 Jurors go through a selection process beginning with Jurors go through a selection process beginning with voir dire - open questioning of jurors where anything can be asked voir dire - open questioning of jurors where anything can be asked Challenge for Cause – specific reason to exclude a person from the jury Challenge for Cause – specific reason to exclude a person from the jury Peremptory Challenge – attorneys are given a certain number of these to exclude a jury member without giving a reason Peremptory Challenge – attorneys are given a certain number of these to exclude a jury member without giving a reason These cannot be used to exclude jurors based on race or sex These cannot be used to exclude jurors based on race or sex

4. Right to a speedy and public trial Right to a speedy and public trial Right to a speedy and public trial 6th Amendment 6th Amendment Speedy is vague in meaning – many courts have set specific time limits on how long it takes for a case to reach trial Speedy is vague in meaning – many courts have set specific time limits on how long it takes for a case to reach trial If the time limit is violated the case can be dismissed If the time limit is violated the case can be dismissed

5. Compulsory Process – Confronting Witnesses Compulsory Process – Confronting Witnesses Compulsory Process – Confronting Witnesses Defendants may get a subpoena requiring a witness to appear in court to testify Defendants may get a subpoena requiring a witness to appear in court to testify Subpoena = a court order Subpoena = a court order 6th Amendment also guarantees your right to confront witnesses 6th Amendment also guarantees your right to confront witnesses You may see who is accusing or testifying against you You may see who is accusing or testifying against you You also have the right to cross examine witnesses You also have the right to cross examine witnesses You have the right to be present at all stages of the trial You have the right to be present at all stages of the trial these rights can be restricted if the defendant becomes disorderly or disruptive in the court these rights can be restricted if the defendant becomes disorderly or disruptive in the court

6. Freedom from self incrimination Freedom from self incrimination Freedom from self incrimination 5th amendment – means you cannot be forced to testify against yourself in a criminal trial 5th amendment – means you cannot be forced to testify against yourself in a criminal trial Prosecutor is also forbidden to make any statement drawing the jury’s attention to the defendant’s refusal to testify Prosecutor is also forbidden to make any statement drawing the jury’s attention to the defendant’s refusal to testify While defendants can refuse to testify, they also have a right to testify if they wish While defendants can refuse to testify, they also have a right to testify if they wish Once the defendant takes the stand, they can no longer invoke their 5th amendment right Once the defendant takes the stand, they can no longer invoke their 5th amendment right Immunity Immunity Sometimes given in criminal cases in exchange for testimony Sometimes given in criminal cases in exchange for testimony If you are granted immunity from prosecution you no longer have any 5th amendment rights If you are granted immunity from prosecution you no longer have any 5th amendment rights You must answer ALL questions, even those that incriminate you You must answer ALL questions, even those that incriminate you The prosecution cannot charge you with anything uncovered during your testimony The prosecution cannot charge you with anything uncovered during your testimony

7. Right to an Attorney Right to an Attorney Right to an Attorney 6th amendment originally said that “in all criminal prosecutions, the accused shall enjoy the right to... have the Assistance of Counsel for his defense.” 6th amendment originally said that “in all criminal prosecutions, the accused shall enjoy the right to... have the Assistance of Counsel for his defense.” This meant that if you could afford an attorney you could have one This meant that if you could afford an attorney you could have one Supreme Court has extended this right further through different decisions over time Supreme Court has extended this right further through different decisions over time 1938 – they required federal courts to appoint attorneys in felony cases 1938 – they required federal courts to appoint attorneys in felony cases Gideon v. Wainwright (1963) – all felony defendants could have appointed counsel Gideon v. Wainwright (1963) – all felony defendants could have appointed counsel 1972 – further extended stating that no imprisonment could occur, even in misdemeanor cases, unless the defendant was given an opportunity to be represented 1972 – further extended stating that no imprisonment could occur, even in misdemeanor cases, unless the defendant was given an opportunity to be represented

8. Criminal Appeals Criminal Appeals Criminal Appeals If the jury returns a Not Guilty verdict, the case ends If the jury returns a Not Guilty verdict, the case ends The prosecution cannot appeal once the defendant has been acquitted The prosecution cannot appeal once the defendant has been acquitted If the verdict is Guilty then sentencing will follow If the verdict is Guilty then sentencing will follow The defendant has several options The defendant has several options They can ask the judge to overturn the jury’s verdict and enter a not- guilty They can ask the judge to overturn the jury’s verdict and enter a not- guilty They can ask the judge to set aside the jury’s verdict and declare a mistrial They can ask the judge to set aside the jury’s verdict and declare a mistrial asking for a new trial – usually requires some valid reasoning asking for a new trial – usually requires some valid reasoning The defendant can appeal the verdict to a higher court The defendant can appeal the verdict to a higher court usually a defendant will ask for another attorney to represent them at an appeal usually a defendant will ask for another attorney to represent them at an appeal many appeals are based on an alleged violation of the 6th amendment many appeals are based on an alleged violation of the 6th amendment right to effective assistance of counsel right to effective assistance of counsel

9. The Appeal The Appeal The Appeal Defendant is now known as the Petitioner or Appellant Defendant is now known as the Petitioner or Appellant The attorney files notice to the court that there will be an appeal The attorney files notice to the court that there will be an appeal The appeals court sets a schedule of when the case will be heard The appeals court sets a schedule of when the case will be heard The attorneys file briefs The attorneys file briefs Short statements containing the facts of the case (short is relative) Short statements containing the facts of the case (short is relative) The court hears oral arguments from both sides The court hears oral arguments from both sides The court then decides the case either affirming the conviction or overturning it The court then decides the case either affirming the conviction or overturning it