1. 2 copyright and terms of service copyright © texas education agency, 2011. these materials are...

Constitutional Issues During Criminal Trials

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Copyright and Terms of Service

Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:

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Bill of Rights Rights apply in both state and federal

criminal proceedings Required by Constitution, not state/federal

law

U. S. Constitution

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Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission.

Probable Cause Search Warrant Unreasonable Searches and Seizures

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

Fourth Amendment

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Grand Jury Double Jeopardy Self-incrimination Due Process

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

Fifth Amendment

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Can the defendant refuse to take the stand and testify?

◦Yes

Self-Incrimination5th

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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

Self-Incrimination 5th

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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.

Double Jeopardy5th

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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

Double Jeopardy5th

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Criminal Prosecutions

Jury Trial

Speedy and Public Trial

Right to Counsel

Right to Confront Witness

Sixth Amendment

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

◦ Williams v. Florida (1970) – Answered NO

◦ Some state laws require it

Trial by Jury 6th

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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

Trial by Jury 6th

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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

Trial by Jury 6th

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

Trial by Jury 6th

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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

Speedy Trial 6th

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When does the right apply?

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

a crime After arrest

Speedy Trial6th

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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

Speedy Trial6th

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

◦ At every critical stage of the criminal proceeding

Right to Counsel6th

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When does the right to counsel apply?

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

Right to Counsel6th

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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

Right to Counsel6th

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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

Right to Confront Witness6th

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

Seventh Amendment

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Excessive Bail or Fines

Cruel and Unusual Punishments

Is capital punishment cruel and unusual punishment?

Eighth Amendment

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Privileges and Immunities

Due Process

Equal Protection

Fourteenth Amendment

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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)

Fair and Impartial Trial – 5th and 14th Amendment

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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

Resources

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http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.sunnylandsclassroom.org%2FAsset.aspx%3FId%3D1329

https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.annenbergclassroom.org

https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.findlaw.com

https://webmail.unt.edu/OWA/redir.aspx?C=baa7f54da03447209f6e4080097bcc60&URL=http%3A%2F%2Fwww.justicelearning.org

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