Post on 20-Jan-2016
Chapter 13The Courtroom: The Pretrial and Trial Process
Preliminary Hearing must be held within a “reasonable period of
time” to determine whether there is sufficient
evidence to subject the defendant to criminal prosecution
defendant has a right to representation by a lawyer
indictment states, information states, and modified indictment states
Grand Jury Fifth Amendment Hurtado v. California Vazquez v. Hillery: automatic reversal rule indictment true bill vs. no bill presentment essential features of indictment
essential elements factual specificity
power of grand jury investigations
Arraignment defendant is brought before a judge, is
informed of the charges, and required to enters a plea
four pleas not guilty not guilty by reason of insanity nolo contendere guilty
Pretrial Motions double jeopardy
Fifth Amendment United States v. Difrancesco
speedy trial Sixth Amendment Klopfer v. North Carolina
change of venue Article III, Section 2 of the U.S. Constitution Groppi v. Wisconsin
Pretrial Motions (cont.)
discovery Brady v. Maryland
suppression of evidence Fourth Amendment Fifth Amendment Miranda requirements exclusionary rule
Right to a Jury Trial
Article III, Section 2 of the U.S. Constitution Sixth Amendment Duncan v. Louisiana Baldwin v. New York Blanton v. City of North Las Vegas Lewis v. United
Twelve-Member Jury Requirement Thompson v. Utah: the Sixth Amendment follows
the common law and guarantees an individual a jury composed of twelve persons, “neither more nor less” in federal court
Williams v. Florida: states are not required to use 12 member juries
Ballew v. Georgia: five jurors is too few
Jury Selection
venire voir dire peremptory challenge challenge for cause Equal Protection Clause
Peremptory Challenges
a juror who has his/her “mind made up” cannot fairly and impartially weigh the evidence, should not serve on the jury, and should be struck for cause
a challenge that is “exercised without a reason stated, without inquiry, and without being subject to the court’s control”
limited number
Challenge to Judges
federal “challenge-for-cause” and similar state statutes
file a motion claiming judicial bias recusal Caperton v. A.T. Massey
Public Trial Sixth Amendment a central component of due process applies to all hearings related to the trial designed to protect defendants from being subjected
to secret trials press and public may be excluded from a preliminary
hearing where there is a substantial probability that the publicity will prejudice the defendant’s right to a fair trial and there are no reasonable alternatives to closing the hearing
proceedings may be closed to protect juveniles alleged to have been the victims of sexual abuse
Opening Statement
a brief verbal presentation of the evidence that a lawyer plans to present
lawyers are not to refer to evidence reasonably believed to be inadmissible later on
should not be used to make an impassioned argument or emotional appeal
Presentation of Evidence case-in-chief presented by prosecution cross-examination motion for a judgement of acquittal rebuttal
Confrontation
Sixth Amendment Confrontation Clause based on a concern with insuring the accuracy of
trials issue of sexual molestation of juveniles
Cross-Examination
John Henry Wigmore: the “greatest” contribution of the common law and the “greatest legal engine ever invented for the discovery of the truth”
to determine whether a witness’s testimony can withstand questioning that probes the witness’s accuracy, consistency, and objectivity
Davis v. Alaska Olden v. Kentucky
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”
a witness testifying as to what someone else said outside the courtroom
violates the Confrontation Clause is allowed in certain, limited circumstances
Compulsory Process
Sixth Amendment an individual shall have “compulsory process
for obtaining witnesses in his favor” defendant has the right to obtain witnesses,
documents, and other evidence that are required to defend him/herself
defendant the right to present witnesses, documents, and other evidence at trial and to present a criminal defense
Burden of Proof
adversarial trial process two components
the burden of going forward (or the burden of production) the burden of persuasion
a criminal conviction carries serious consequences and that the Government must bear the burden of criminally convicting a defendant and depriving a defendant of his/her liberty
Fifth Amendment: “no person . . . shall be compelled in any criminal case to be a witness against himself”
Reasonable Doubt standard of criminal guilt In re Winship: the Due Process Clause “protects
the accused from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged”
reasons presumption of innocence false convictions seriousness of criminal convictions community confidence
Closing Arguments prosecutor then defense then prosecutor Herring v. New York ABA suggested limitations Dunlop v. United States Donnelly v. DeChristoforo invited response doctrine
Jury Instructions
issued the the jury by the judge before the jury begins to discuss the defendant’s guilt or innocence
pattern jury instructions attorneys may have some say
Jury Deliberations
jurors are ordinarily provided with copies of the charges and jury instructions
the judge may allow jurors to view exhibits that were introduced into evidence
“deadlocked” juries reconsideration hung jury Allen or dynamite charge
Jury Unanimity
Sixth Amendment Apodaca v. Oregon Johnson v. Louisiana nonunanimous verdicts Burch v. Louisiana
Jury Nullification should the jury find a law unfair, they may
refuse to find the defendant guilty and vote to acquit
juries voting their conscience rather than the law
Sparf and Hansen v. United States United States v. Washington United States v. Dougherty can only find guilty defendants not guilty,
not vice versa
Guilty Pleas plea bargains three types
reduction or dismissal of certain charges reduction of sentence sentence recommendation benefits criticisms constitutionality withdrawal of plea Hyde v. United States