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CHAPTER 14

CHAPTER 14. THE TRIAL. THE TRIAL.

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CHAPTER 14

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  1. CHAPTER 14 THE TRIAL

  2. THE TRIAL • As an accused person, you are (1) entitled to have a jury trial, in public and without undue delay. (2) to be informed of their rights and the charges against them. (3) to confront and cross-examine witnesses. (4) refuse to testify against themselves, and (5) to be represented by an attorney.

  3. RIGHT TO TRIAL BY JURY • The 6th Amend guarantees you the right to a jury trial in both state and federal courts. • But a jury is not required in every trial and not used much. • Most criminal cases are settled by guilty pleas before trials. • Juries are not needed for minor offenses. • A defendant can waive their right to a jury trial.

  4. RIGHT TO TRIAL BY JURY • Jury panels are selected from voter registration lists, tax lists, and also drivers’ license rolls. • A jury panel is supposed to be representative of the community. • In federal courts, juries consist of 12 people, who must reach an unanimous verdict before finding a person guilty.

  5. RIGHT TO TRIAL BY JURY • Many states also use a 12 member jury, but this is not required by the Const. • The U.S. Supreme Court has only required at least 6 jurors • Most states required an unanimous verdict in criminal cases but the U.S. Supreme Court has not required unanimous verdicts • The U.S. Supreme Court has ruled that attorney’s can not try to exclude jurors from juries solely on their race.

  6. PROBLEM 14.1 (p. 158)

  7. RIGHT TO A SPEEDY AND PUBLIC TRIAL • The 6th Amendment provides the right to a speedy trial in all criminal cases. • The problem is what constitutes speedy. The Const. does not define this. • The fed govt and some states have set specific time limits in which a case must be brought to trial.

  8. RIGHT TO A SPEEDY AND PUBLIC TRIAL • Without this an innocent person could wait in prison for years for a trial. • A case may be dismissed if a person does not receive a speedy trial. • A defendant can choose to waive the speedy trial rule and many do. • May be because of needing to question witnesses or may need more time to prepare.

  9. RIGHT TO A SPEEDY AND PUBLICTRIAL • PROBLEM 14.3 (p. 159)

  10. RIGHT TO COMPULSORY PROCESS AND TO CONFRONT WITNESSES • As a defendant in a criminal case, you have the right to get a subpoena—a court order. It requires a witness to appear in court to testify. • The 6th Amendment provides people accused of a crime with the right to confront witnesses against them and to cross-examine them.

  11. COMPULSORY PROCESS • The defendant has a right to be in the courtroom during the trial but the Supreme Court has said the defendant’s right to be present could be restricted if he/she becomes disorderly or disruptive. • Defendant can be removed and in extreme cases, the judge can have the defendant bound and gagged.

  12. COMPULSORY PROCESS • The right to confrontation has been modified for child witnesses, especially in abuse cases. • Many courts have installed closed circuit tv cameras. • This allows the child to testify through the camera in a separate room from where the defendant is.

  13. Problem 14.4 (p. 160)

  14. FREEDOM FROM SELF-INCRIMINATION • Means you cannot be forced to testify against yourself in a criminal trial. • Comes from the 5th amendment. • Also the prosecutor can’t make any statement to draw the jury’s attention to the defendant’s failure to testify. • Defendants can take the stand if they want.

  15. FREEDOM FROM SELF-INCRIMINATION • If he/she takes the stand, they have to answer all the question. • You also have immunity—freedom from prosecution. • Immunity forces the witness to answer all the questions—even those that are incriminating.

  16. FREEDOM FROM SELF-INCRIMINATION • With immunity, the witness can’t be prosecuted on the info provided. • Prosecutors often use this to force testimony against co-defendants or others involved in the crime.

  17. Problem 14.5 (p. 161)

  18. RIGHT TO AN ATTORNEY • The 6th Amend gives all defendants to have access to an attorney. • It has been interpreted many different ways over the years to where in 1972, the U.S. Supreme Court ruled that noone could be imprisoned, even in misdemeanor cases, unless the accused was given the right to be represented by an attorney.

  19. RIGHT TO AN ATTORNEY • If a defendant can not afford an attorney, one is appointed by the govt free of charge. • They can be either public defenders or private attorneys. • They are paid by the govt. • The are usually paid less than a lawyer hired and paid directly by the defendant.

  20. Problem 14.6 ( p. 162)

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