Bill of Rights Rights apply in both state and federal criminal proceedings Required by...

Bill of Rights Rights apply in both state and federal

criminal proceedings Required by Constitution, not state/federal

law

2UNT in partnership with TEA, Copyright ©. All rights reserved.

Probable Cause Search Warrant Unreasonable Searches and Seizures

Evidence seized in an illegal search can be suppressed at trial.


Grand Jury Double Jeopardy Self-incrimination Due Process

Accused does not have to testify against his or her self.


Can the defendant refuse to take the stand and testify?

◦Yes


Under what circumstances can a witness be compelled to testify?

◦ If the statute of limitations has run out on the crime

◦ If the witness has been acquitted or convicted and therefore can’t be re-prosecuted

◦ If the witness is granted immunity from prosecution


Successive prosecution of a defendant for the same offense by the same jurisdiction

When does the prohibition against double jeopardy apply?◦ In a jury trial, when a competent jury has been sworn◦ In a bench trial, when the first witness has been called

and sworn

If a charge is dismissed before either stage is reached, the defendant may be charged and tried again.


When is the right deemed to have been waived?◦ When a conviction is set aside on appeal

◦ Hung juries

◦ Mistrials

◦ New evidence which alters the “offense” or sentence


Criminal Prosecutions

Jury Trial

Speedy and Public Trial

Right to Counsel

Right to Confront Witness


Do juries have to be 12 members? Is it a constitutional right?

◦ Williams v. Florida (1970) – Answered NO

◦ Some state laws require it


Jury must have 6-12 members

Does this depend on the offense?◦ No, unless a capital case

Court has never stated they required 12-member juries for capital cases, but assumed they would


When do you have a right to a trial by jury?

◦ Baldwin v. New York (1970) – when the sentence imposed can be more than 6 months imprisonment

◦ Does not matter what sentence is actually imposed


Juveniles do not have a constitutional right to a trial by jury, but states can grant them this right


No set time limit that a trial must be held, it just must be free from unnecessary and unwanted delay

Some states have speedy trial laws which mandate trials within a certain number of days, otherwise charges are dismissed


When does the right apply?

◦ Whichever of these two come first After a person has been formally charged with

a crime After arrest


In deciding whether a right has been violated court looks at (Barker v. Wingo 1972):

◦ 1) Length of delay

◦ 2) Reason for delay

◦ 3) Defendant’s assertion or nonassertion of rights

◦ 4) Prejudice to the defendant


When does a person have a right to be represented by counsel?

◦ At every critical stage of the criminal proceeding


When does the right to counsel apply?

◦ Custodial Interrogations◦ Post indictment Lineups◦ Preliminary hearings◦ Trials◦ Sentencing


For what offenses does a person have a right to court-appointed counsel during trial? (also applies to plea bargaining)

◦ 1) All felonies

◦ 2) Misdemeanors if facing a possible jail sentence and actual confinement is imposed


Allows the accused to challenge the accusations of a witness

Allows the judge or jury to determine the credibility of the witness

Opportunity to impeach a witness


Jury Trials in Certain Civil Cases ◦ Common law◦ Amount in controversy over $20


Excessive Bail or Fines

Cruel and Unusual Punishments

Is capital punishment cruel and unusual punishment?


Privileges and Immunities

Due Process

Equal Protection


Publicity surrounding the trial must not be such that it unduly influences the jury

A person must be convicted solely on the basis of evidence admitted at trial

Not that they have not heard anything from the media, but that they are not prejudiced (have not already formed an opinion)


The United States Bill of Rights http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

The Courts and Criminal Procedure, Instructional Materials Service, Trade and Industry Education

Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe

Our Rights (1st Edition), David Bodenhamerhttp://www.sunnylandsclassroom.org/Asset.aspx?Id=1329

The Annenberg Classroom http://www.annenbergclassroom.org FindLaw http://www.findlaw.com Justice Learning http://www.justicelearning.org

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Bill of Rights Rights apply in both state and federal criminal proceedings Required by...

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