The TrialChapter 14
Due Process of law
Constitutional guaranteethatall legal proceedings will be fairthatone will be given notice of theproceedingsandan opportunity to be heard before the government acts to take away one's life, liberty, or property.thata law shall not be unreasonable,arbitrary,orcapricious.
Arbitrary -withoutregard for the facts andcircumstancesCapricious -unpredictabledecisions which do not follow the law, logic or proper trial procedure
Many basic rights apply to peopleaccusedof crime and are entitled:to have a jury trial in public & without delayto be informed of their rights & their chargesto confront and cross-examine witnessesto compel witnesses to testify on their behalfto refuse to testify against themselvesto be represented by attorney
Right to Trial by Jury
Jury Trials in Criminal casesGuaranteed by the Sixth AmendmentApplicable in all federal and state courtsJury is not required in all cases.Most are resolved by guilty pleasNot required for certain minor offensesDefendants canwaivetheir right and be heard by a judge (bench trial)
How are jury panels selected and excused?
Voter registrationTax listsDrivers’ license rollsPreemptory challenge - attorney excuses without giving a reasonJudge will decided the validity of the reason
Right to a Speedy and Public Trial
Guaranteed by SixthAmendmentFederal court & some states have a specific timelimitesIf accused does not receive a speedy trial, case may be dismissedSome defendants waive their rights to a speedy trialCourts will consider cause and reasons for the delay, free on bail or in jail during pretrial period
Right to Compulsory Process and to Confront Witnesses
Right to compulsory process for obtaining witnessesDefendant can get asubpoena(court order) to have witness appear to testifyRightto confrontbe face-to-face with witness against them and cross-examinationRightto be present during all stages of trialCan be restricted for disorder & disruptionsJudge has power to remove defendant from court, to cite forcontempt of courtor bound and gagged.Modified for child witnesses
Freedom From Self-Incrimination
Right under Fifth AmendmentYou cannot be forced to testify against yourselfProsecutor forbidden to draw attention to the defendant’s refusal to testify.Right to take the stand & testify if you wishImmunity– witness cannot be prosecuted based on any information proved in a testimonyMust answer all the questions, even those that incriminate you.
Right to an Attorney
Sixth Amendment“Accused shall enjoy the right to…have the Assistance of Counsel for his defense.”Criminal trialRepresented by a prosecutor
“Not guilty” VerdictProsecution cannot appeal“Guilty” VerdictSentencing will followWrongly convicted – defendant can:Ask judge to overturn jury’s verdictDeclare a mistrial, and ask for a new trialAppeal to higher courtCan challenge the conviction / sentencing decision
Cont. Criminal Appeals
Defendant must file a notice to appealAppellate court sets a scheduleNo new information is presented at appealAppellate court determines questions of lawDefendant = petitioner / appellantIn addition to appealsDefendant can apply to court for help by seeking awrit(an order from higher court to lower court or gov’t official – warden)Writ ofhabeas corpus– “to produce the body”claimesdefendant is being held illegally and requests releaseDNA testing
Quiz – next class on basic concepts
Know key termsMain concepts