Post on 21-Jan-2016
Criminal Justice Process: The Trial
Chapter 14
Right to Trial by Jury
Sixth Amendment – right to a jury trial
All federal & state courts Jury are not used very often Most cases are settled by plea
bargaining
Right to Trial by Jury
Minor cases – jury trial are not required
Defendant can waive his/her rights to a jury trial
Waive – give up Defendants can have the option of a
bench trial Judge acts as judge & jury
Right to Trial by Jury
Jury panels are selected by: Voter registration Tax lists Driver’s license
Right to Trial by Jury
Federal courts – juries consists of 12 members
Must receive a unanimous verdict before finding a person guilty
Many states use 12 person jury 12 person jury is not required by the
Constitution
Right to Trial by Jury
Supreme Court requires only 6 jurors Unanimous verdicts is not required in
state courts Racial discrimination in jury selection
has been problematic in the nation’s courts
Peremptory challenges – lawyer can dismiss a juror without giving any reason why
Judge must decide between prosecutor & defendant in maintain a fair jury
Right to Trial by Jury
Appellate courts usually side with the trial judge on matters of jury selection
Right to a Speedy & Public Trial
Sixth Amendment – right to a speedy trial in criminal cases
Constitution does not define speedy Federal & some state courts – set
time limits within which a case must be brought to trial
If the defendant does receive a speedy trial the case may be dismissed
Most defendants waive their right to a speedy trial
Right to Compulsory Process &to Confront Witnesses
Defendants have the right to call witnesses
Some witnesses don’t want to get involved
Compulsory process for obtaining witnesses is a subpoena
Subpoena – court order requiring the witness to appear in court to testify
Right to Compulsory Process &to Confront Witnesses
Sixth Amendment – right of the accused to confront the witnesses against & to cross-examine
Right can be restricted if the defendant becomes disorderly or disruptive
Defendant can be cited for contempt of court – any act to embarrass, hinder, or obstruct the court
Right to Compulsory Process &to Confront Witnesses
Extreme cases the defendant is bound & gagged
Modified for child witnesses Use closed-circuit television cameras Keep the defendant & child
witnesses apart
Freedom From Self-Incrimination
Fifth Amendment – freedom from self-incrimination
Cannot be forced to testify against yourself in a criminal trial
Freedom From Self-Incrimination
Prosecution cannot make reference to the defendant’s refusal to testify
Once the defendant takes the witness stand he/she is fair game for the prosecution
Freedom From Self-Incrimination
Some witnesses are granted immunity in exchange for their testimony
Immunity – protection from prosecution & being sued
Freedom From Self-Incrimination
A witness with immunity must answer all questions
Even questions that are incriminating
Prosecutors use immunity to force codefendants to testify against each other
Right to an Attorney
Sixth Amendment – right to legal counsel in all criminal cases
1938 Supreme Court – federal courts must appoint attorneys for indigent defendants
1963 Gideon v. Wainwright – all state courts must provide attorneys for indigent defendants
Right to an Attorney
1972 Supreme Court – no defendant can be jailed unless given the opportunity to be represented by an attorney (felony & misdemeanor)
Basic idea of a fair trial Prosecutor – lawyer Defense attorney - lawyer
Right to an Attorney
Defendants have a choice of a private lawyer or public defendant
Public defendant usually represent poor people in criminal cases
Critics say private lawyer are better at winning cases than public defendants
Criminal Appeals
State cannot appeal once the defendant is acquitted of the crime (double jeopardy)
Guilty verdict leads to sentencing The defendant can ask the judge to:
Overturn the verdict Enter a verdict of not guilty Declare a mistrial – ask for a new
trial These strategies are rarely
successful
Criminal Appeals
Defendant can appeal to a high court Defendant can challenge the
conviction or sentencing Need a different lawyer Trade in trial lawyer for appellate
lawyer
Criminal Appeals
To start the appeals process:1. Defendant files a notice of appeal2. Forewarns the prosecution &
appellate court3. Appellate court sets the schedule4. Legal briefs for both sides5. Defendant focuses on errors
during the trial6. State replies to this accusations
Criminal Appeals
Possible errors: Ineffective assistance of counsel Improperly admitting evidence Giving the jury the wrong set of
instructions Improper use of sentencing
guidelines And others
New information is not presented at the appeal
Criminal Appeals
Trial courts determine questions of fact
Appellate courts determine questions of law
The defendant (petitioner or appellant) must show serious errors of law
Minor legal errors will not over turn the case
Criminal Appeals
Defendant may apply for a writ Writ – order from higher court to
lower court or government official Writ of habeas corpus – defendant is
held illegally & request release Filing a writ doesn’t mean that the
court will grant the request