6th Amendment protections, bail, grand jury, jury selections, plea

bargaining

What protections are guaranteed under the 6th Amendment? In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

When does the right to When does the right to counsel kick in?counsel kick in?

Stage of processStage of process Right to Counsel?Right to Counsel?

Investigative stopInvestigative stop NONO

Frisk for weaponsFrisk for weapons NONO

ArrestArrest NONO

SearchSearch NONO

Custodial Custodial InterrogationInterrogation

YESYES

Lineups before Lineups before chargecharge

NONO

First appearanceFirst appearance NONO

Lineup after chargeLineup after charge YESYES

Grand jury reviewGrand jury review NONO

When does the right to counsel kick in?

Preliminary hearing YES

Arraignment YES

Pretrial hearing YES

Trial YES

Appeal YES

Gideon v WainrightGideon v Wainright

Gideon was charged in a Florida state court Gideon was charged in a Florida state court with a felony for breaking and entering. He with a felony for breaking and entering. He lacked funds and was unable to hire a lawyer lacked funds and was unable to hire a lawyer to prepare his defense. When he requested to prepare his defense. When he requested the court to appoint an attorney for him, the the court to appoint an attorney for him, the court refused, stating that it was only court refused, stating that it was only obligated to appoint counsel to indigent obligated to appoint counsel to indigent defendants in capital cases. Gideon defended defendants in capital cases. Gideon defended himself in the trial; he was convicted by a himself in the trial; he was convicted by a jury and the court sentenced him to five jury and the court sentenced him to five years in a state prison. years in a state prison.

What is the question?What is the question?

Did the state court's failure to Did the state court's failure to appoint counsel for Gideon violate appoint counsel for Gideon violate his right to a fair trial and due his right to a fair trial and due process of law as protected by the process of law as protected by the Sixth and Fourteenth Sixth and Fourteenth Amendments?Amendments?

Conclusion

In a unanimous opinion, the Court held that Gideon had a right to be represented by a court-appointed attorney

Do you have a right to effective counsel?

YES

Very difficult to proveNeed to prove that the lawyer’s

performance was inadequateThe lawyer’s incompetence must have

actually affected the outcome of the trial –the attorney WAS the Direct reason the case was lost.

BailBail

The release of defendants until their cases The release of defendants until their cases are decidedare decided

How does it work?How does it work?

• Defendants pay bondsmen 10% of total amount of bail

• Bondsmen pay the court the rest

• Defendants don’t get that money back

• Preventative Detention– Not allowing bail to protect public safety

What is preventative detention?

No bail is issued Flight risk Heinous crime Danger to self or others

What is an indictment?

A formal accusation of a felony, issued by a grand jury after considering evidence presented by a prosecutor. The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

What are some differences What are some differences between a grand jury and a between a grand jury and a

petit jury (trial jury)petit jury (trial jury)

Grand Petit (trial)

Only hears criminal cases

Hears both criminal and civil cases

Decides if there is enough evidence to go forward with a trial

Decides guilt/innocence

16-23 jurors (12 must agree for an indictment)

Sits 6-12 people (must be unanimous)

How many people are on a jury panel to decide a criminal case?

12

• What is it called when you are notified to show up for jury duty?

Being Summoned

Who may jury members discuss a case with while a trial is in progress?

• Nobody - not even each other

What is the title for the leader of the What is the title for the leader of the jury?jury?

Jury Foreperson

What percentage of jurors must What percentage of jurors must agree on the verdict on a civil case?agree on the verdict on a civil case?

• 100%

How much are jurors paid?How much are jurors paid?

$30 a day

Can lawyers and police officers be called Can lawyers and police officers be called to jury duty?to jury duty?

Yes, but not judgesYes, but not judges

How old do you have to be to be called to How old do you have to be to be called to jury duty?jury duty?

• 18

Are businesses required to provide Are businesses required to provide paid leave to employees on jury paid leave to employees on jury duty?duty?

No

What does “sequestering” the jury mean and when does it happen?

Keeping the jury separated from people Keeping the jury separated from people outside the court system. The jury is outside the court system. The jury is sequestered during jury deliberations in a sequestered during jury deliberations in a criminal trial and during the entire trial if it criminal trial and during the entire trial if it is a sensation case.is a sensation case.

If you will probably lose a lot of money by If you will probably lose a lot of money by being absent from your job to sit on a jury, being absent from your job to sit on a jury, the court will excuse you from jury duty?the court will excuse you from jury duty?

False

If the jury agrees the defendant If the jury agrees the defendant broke a law, but they feel it is an broke a law, but they feel it is an unfair law, the jury is still unfair law, the jury is still expected to find the defendant expected to find the defendant guilty.guilty.

True – people should expect laws to be enforced consistently. It is the responsibility of Congress to change unfair laws

Lawyers and judges prefer jury members Lawyers and judges prefer jury members who know little to nothing about the case who know little to nothing about the case going into the trial?going into the trial?

True – if it is believed that a prospective jury member already has an opinion about the case, it would be an unfair trial and such people are excused from the jury. This is why it is very difficult to put together a jury for high profile cases that have had extensive news coverage.

Lawyers may excuse prospective jurors from the panel for no reason at all?

True – each side may excuse a limited number. These are called peremptory challenges

Jury members must remain silent during the trial?

TrueTrue

Higher courts rarely overturn jury verdicts?

TrueTrue

A person can get out of jury duty by A person can get out of jury duty by demonstrating it is against their demonstrating it is against their religionreligion

False

Voir Dire (vwar deer)

Empanelling (selecting a jury) Jurors are questioned by the judge,

then by each attorney Challenge for cause – can be

removed if you can’t be fair or impartial

Peremptory challenge – can be removed for any reason (peremptory challenges are limited)

Qualifications for Jury Service in Minnesota Courts? 18 Citizen of US Resident of MN Read or speak English

Who is ineligible?Who is ineligible?

Have not completed sentence or Have not completed sentence or parole after a felony convictionparole after a felony conviction

Has already served on a jury within Has already served on a jury within the last four yearsthe last four years

Is a judgeIs a judge

How are juries selected?How are juries selected?

Voter registrationVoter registration Drivers licenseDrivers license State-identification cardsState-identification cards