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Chapter 14: The Criminal Justice Process

Chapter 14: The Criminal Justice Process. The Trial. Due Process. Provided by the 6 th Amendment Gives the accused the right: To a jury trial in public To confront and cross-examine witnesses To be informed of their rights and the charges against them A trial without undue delay

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Chapter 14: The Criminal Justice Process

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  1. Chapter 14: The Criminal Justice Process The Trial

  2. Due Process • Provided by the 6th Amendment • Gives the accused the right: • To a jury trial in public • To confront and cross-examine witnesses • To be informed of their rights and the charges against them • A trial without undue delay • Does not give a defendant a free attorney when they can afford one.

  3. Right to a Speedy Trial • Prevents defendants from being held indefinitely in jail without trial

  4. Right to an Attorney • Not guaranteed in a criminal case in which jail time is not a possibility • Is implemented when a defendant is too poor to afford their own attorney

  5. Self-Incrimination • Right not to be forced to testify against oneself in a criminal trial. (Plead the 5th) • Prosecuting attorneys cannot mention that a defendant did not testify and use that against them

  6. Plea Bargains • Most cases are resolved this way

  7. Jury Panel • A group of people drawn from voter registration, tax lists, or DMV records from which juries are drawn

  8. Peremptory Challenges • A device an attorney can use a limited number of times in asking the court to exclude a particular juror without giving a reason • Cannot be used to exclude jurors based on race

  9. Removal for Cause • Request by an attorney to remove any juror who does not appear able to render a fair or impartial decision. • Ex. If a juror is related to anyone involved in the trial

  10. Right to Jury Trial • Defendants have the right to waive their right to a jury trial and have their case heard by a judge only.

  11. Subpoena • A court order requiring a witness to appear in court to testify.

  12. Immunity • Being granted immunity means that a witness cannot be prosecuted based on any information provided in a testimony. • Must answer all questions • Cannot be prosecuted even if you admit to unsolved crimes

  13. Disruptive Defendants • The judge has the power to hold a defendant in contempt of court when he/she becomes disorderly in the courtroom. • They can be also bound and gagged or removed from the courtroom.

  14. Jury Nullification • The power of a jury to disregard the law and decide the case in the interest of justice.

  15. Writ of Habeas Corpus • An order from a higher court to a lower court or court official • Literally means “to produce the body” • Claims that a defendant is being held legally and requests release

  16. If convicted, defendants have the option to… • Make a motion that the judge overturn the conviction • Appeal the conviction • Ask the judge to declare a mistrial

  17. Appellant • Requests a higher court to reverse the trial court’s decision

  18. An appeal involves… • Submission of legal briefs • Oral Arguments • Review of trial transcripts

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