Law and JusticeLaw and Justice

Chapter 14 - TrialsChapter 14 - Trials

Due Process of LawDue Process of Law

Due Process of LawDue Process of Law Means little to people unless they are arrestedMeans little to people unless they are arrested Gives people the right to the followingGives people the right to the following

Jury trial in public and without undue delayJury trial in public and without undue delay Be informed of their rightsBe informed of their rights Be informed of the charges against themBe informed of the charges against them Confront and cross examine witnessesConfront and cross examine witnesses Compel witnesses to testify on their behalfCompel witnesses to testify on their behalf Refuse to testify against yourselfRefuse to testify against yourself Be represented by an attorneyBe represented by an attorney

Right to Trial by JuryRight to Trial by Jury

Right to Trial by JuryRight to Trial by Jury Guaranteed by the 6th Amendment but….Guaranteed by the 6th Amendment but….

Most criminal cases are resolved by guilty pleas before ever Most criminal cases are resolved by guilty pleas before ever reaching trialreaching trial

Crimes punishable by less than 6 months do not require a juryCrimes punishable by less than 6 months do not require a jury Defendants can also waive their right to a jury trialDefendants can also waive their right to a jury trial

Jury SelectionJury Selection Jurors made up of registered voters or tax payers from a Jurors made up of registered voters or tax payers from a

community – the total number chosen is known as the Jury community – the total number chosen is known as the Jury PanelPanel federal level requires 12, many state courts use 6 or 9federal level requires 12, many state courts use 6 or 9

Jurors go through a selection process beginning with Jurors go through a selection process beginning with voir dire - open questioning of jurors where anything can be askedvoir dire - open questioning of jurors where anything can be asked Challenge for Cause – specific reason to exclude a person from the Challenge for Cause – specific reason to exclude a person from the

juryjury Peremptory Challenge – attorneys are given a certain number of Peremptory Challenge – attorneys are given a certain number of

these to exclude a jury member without giving a reason these to exclude a jury member without giving a reason These cannot be used to exclude jurors based on race or sexThese cannot be used to exclude jurors based on race or sex

Right to a speedy and public trialRight to a speedy and public trial

Right to a speedy and public trialRight to a speedy and public trial 6th Amendment6th Amendment Speedy is vague in meaning – many courts have Speedy is vague in meaning – many courts have

set specific time limits on how long it takes for a set specific time limits on how long it takes for a case to reach trialcase to reach trial If the time limit is violated the case can be dismissedIf the time limit is violated the case can be dismissed

Compulsory Process – Confronting WitnessesCompulsory Process – Confronting Witnesses

Compulsory Process – Confronting Compulsory Process – Confronting WitnessesWitnesses

Defendants may get a subpoena requiring a Defendants may get a subpoena requiring a witness to appear in court to testifywitness to appear in court to testify Subpoena = a court orderSubpoena = a court order

6th Amendment also guarantees your right to 6th Amendment also guarantees your right to confront witnessesconfront witnesses You may see who is accusing or testifying against youYou may see who is accusing or testifying against you You also have the right to cross examine witnessesYou also have the right to cross examine witnesses You have the right to be present at all stages of the trialYou have the right to be present at all stages of the trial

these rights can be restricted if the defendant becomes these rights can be restricted if the defendant becomes disorderly or disruptive in the courtdisorderly or disruptive in the court

Freedom from self incriminationFreedom from self incrimination

Freedom from self incriminationFreedom from self incrimination 5th amendment – means you cannot be forced to testify 5th amendment – means you cannot be forced to testify

against yourself in a criminal trialagainst yourself in a criminal trial Prosecutor is also forbidden to make any statement drawing Prosecutor is also forbidden to make any statement drawing

the jury’s attention to the defendant’s refusal to testifythe jury’s attention to the defendant’s refusal to testify While defendants can refuse to testify, they also have a While defendants can refuse to testify, they also have a

right to testify if they wishright to testify if they wish Once the defendant takes the stand, they can no longer Once the defendant takes the stand, they can no longer

invoke their 5th amendment rightinvoke their 5th amendment right ImmunityImmunity

Sometimes given in criminal cases in exchange for testimonySometimes given in criminal cases in exchange for testimony If you are granted immunity from prosecution you no longer If you are granted immunity from prosecution you no longer

have any 5th amendment rightshave any 5th amendment rights You must answer ALL questions, even those that incriminate You must answer ALL questions, even those that incriminate

youyou The prosecution cannot charge you with anything uncovered The prosecution cannot charge you with anything uncovered

during your testimonyduring your testimony

Right to an AttorneyRight to an Attorney

Right to an AttorneyRight to an Attorney 6th amendment originally said that “in all 6th amendment originally said that “in all

criminal prosecutions, the accused shall enjoy criminal prosecutions, the accused shall enjoy the right to . . . have the Assistance of Counsel the right to . . . have the Assistance of Counsel for his defense.”for his defense.” This meant that if you could afford an attorney you This meant that if you could afford an attorney you

could have onecould have one Supreme Court has extended this right further Supreme Court has extended this right further

through different decisions over timethrough different decisions over time 1938 – they required federal courts to appoint attorneys 1938 – they required federal courts to appoint attorneys

in felony casesin felony cases Gideon v. WainwrightGideon v. Wainwright (1963) – all felony defendants (1963) – all felony defendants

could have appointed counselcould have appointed counsel 1972 – further extended stating that no imprisonment 1972 – further extended stating that no imprisonment

could occur, even in misdemeanor cases, unless the could occur, even in misdemeanor cases, unless the defendant was given an opportunity to be representeddefendant was given an opportunity to be represented

Criminal AppealsCriminal Appeals

Criminal AppealsCriminal Appeals If the jury returns a Not Guilty verdict, the case endsIf the jury returns a Not Guilty verdict, the case ends

The prosecution cannot appeal once the defendant has been The prosecution cannot appeal once the defendant has been acquittedacquitted

If the verdict is Guilty then sentencing will followIf the verdict is Guilty then sentencing will follow The defendant has several optionsThe defendant has several options

They can ask the judge to overturn the jury’s verdict and enter They can ask the judge to overturn the jury’s verdict and enter a not-guiltya not-guilty

They can ask the judge to set aside the jury’s verdict and They can ask the judge to set aside the jury’s verdict and declare a mistrialdeclare a mistrial asking for a new trial – usually requires some valid reasoningasking for a new trial – usually requires some valid reasoning

The defendant can appeal the verdict to a higher courtThe defendant can appeal the verdict to a higher court usually a defendant will ask for another attorney to represent usually a defendant will ask for another attorney to represent

them at an appealthem at an appeal many appeals are based on an alleged violation of the 6th many appeals are based on an alleged violation of the 6th

amendmentamendment right to effective assistance of counselright to effective assistance of counsel

The AppealThe Appeal

The AppealThe Appeal Defendant is now known as the Petitioner or Defendant is now known as the Petitioner or

AppellantAppellant The attorney files notice to the court that there The attorney files notice to the court that there

will be an appealwill be an appeal The appeals court sets a schedule of when the The appeals court sets a schedule of when the

case will be heardcase will be heard The attorneys file briefsThe attorneys file briefs

Short statements containing the facts of the case (short Short statements containing the facts of the case (short is relative)is relative)

The court hears oral arguments from both sidesThe court hears oral arguments from both sides The court then decides the case either affirming The court then decides the case either affirming

the conviction or overturning itthe conviction or overturning it