Transcript Criminal Justice Process:

Criminal Justice Process:
The Trial
Chapter 14
Due Process of law
• Constitutional guarantee
▫ that all legal proceedings will be fair
▫ that one will be given notice of the proceedings
▫ and an opportunity to be heard before the
government acts to take away one's life, liberty,
or property.
▫ that a law shall not be unreasonable, arbitrary,
or capricious.
Definitions
• Arbitrary -without regard for the facts and
circumstances
• Capricious -unpredictable decisions which do
not follow the law, logic or proper trial
procedure
U.S. Constitution
• Many basic rights apply to people accused of
crime and are entitled:
▫
▫
▫
▫
▫
▫
to have a jury trial in public & without delay
to be informed of their rights & their charges
to confront and cross-examine witnesses
to compel witnesses to testify on their behalf
to refuse to testify against themselves
to be represented by attorney
Right to Trial by Jury
• Jury Trials in Criminal cases
▫
▫
▫
▫
▫
▫
Guaranteed by the Sixth Amendment
Applicable in all federal and state courts
Jury is not required in all cases.
Most are resolved by guilty pleas
Not required for certain minor offenses
Defendants can waive their right and be heard by
a judge (bench trial)
How are jury panels selected and
excused?
•
•
•
•
Voter registration
Tax lists
Drivers’ license rolls
Preemptory challenge - attorney excuses
without giving a reason
▫ Judge will decided the validity of the reason
Right to a Speedy and Public Trial
• Guaranteed by Sixth Amendment
• Federal court & some states have a specific time
limites
• If accused does not receive a speedy trial, case
may be dismissed
▫ Some defendants waive their rights to a speedy
trial
▫ Courts 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 witnesses
▫ Defendant can get a subpoena (court order) to have
witness appear to testify
• Right to confront
▫ be face-to-face with witness against them and crossexamination
• Right to be present during all stages of trial
▫ Can be restricted for disorder & disruptions
▫ Judge has power to remove defendant from court, to
cite for contempt of court or bound and gagged.
▫ Modified for child witnesses
Freedom From Self-Incrimination
• Right under Fifth Amendment
▫ You cannot be forced to testify against yourself
▫ Prosecutor forbidden to draw attention to the
defendant’s refusal to testify.
▫ Right to take the stand & testify if you wish
▫ Immunity – witness cannot be prosecuted based
on any information proved in a testimony
 Must 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 trial
 Represented by a prosecutor
Criminal Appeals
• “Not guilty” Verdict
▫ Prosecution cannot appeal
• “Guilty” Verdict
▫ Sentencing will follow
• Wrongly convicted – defendant can:
▫ Ask judge to overturn jury’s verdict
▫ Declare a mistrial, and ask for a new trial
▫ Appeal to higher court
 Can challenge the conviction / sentencing decision
Cont. Criminal Appeals
• Defendant must file a notice to appeal
▫
▫
▫
▫
Appellate court sets a schedule
No new information is presented at appeal
Appellate court determines questions of law
Defendant = petitioner / appellant
• In addition to appeals
▫ Defendant can apply to court for help by seeking a writ
(an order from higher court to lower court or gov’t
official – warden)
▫ Writ of habeas corpus – “to produce the body” claimes
defendant is being held illegally and requests release
 DNA testing
Quiz – next class on basic concepts
• Know key terms
• Main concepts
The End