Chapter 18

1. Chapter 18 The Criminal Trial

2. The Right to Trial by Jury • Open Public Trial – trial held in public and open to spectators. • Compulsory Process – (mentioned in chapter 17) – obtaining witnesses in their favor.

3. Selection of the Jury • Venire – body of people summoned to be jurors. • Voir Dire – to speak the truth. Enables the court and counsel to obtain information necessary to ensure selection of a fair and impartial jury.

4. Voir Dire • Challenges • Challenges for cause – objection to a prospective juror on some specific ground. • Peremptory challenges – excuse prospective jurors without stating any reason. • Racially Based Peremptory Challenges – peremptory challenges to prospective jurors that are based solely on racial animus or stereotypes.

5. Selection of the Jury • Bifurcated Trial – capital trial with separate phases for determining guilt and punishment. • Death Qualification of a Jury – exclusion of prospective jurors who will not under any circumstances vote for imposition of the death penalty.

6. Free Press versus Fair Trial The Supreme Court reversed the conviction of Dr. Sheppard because the jurors were constantly exposed to intense media coverage until the time of their deliberations. Courts can combat this problem through these measures: • Limiting out-of-court statements by attorneys, witnesses, or court officials concerning matters that could be prejudicial to the accused. • Insulating the witnesses and • sequestering the jury to prevent exposure to reports by the media.

7. Free Press versus Fair Trial By 1993 cameras were allowed back in the courtrooms of almost all state courts.

8. Order in the Court • Power of Contempt – authority of a court of law to punish someone who insults the court or flouts its authority.

9. The Rules of Evidence • Judicial Notice – act of court recognizing, without proof, the existence of certain facts that are commonly known. These facts are often brought to the court’s attention through the use of a calendar or almanac.

10. The Rules of Evidence Classifications of evidence: • Real evidence – tangible items. • Testimonial evidence – sworn statements of witnesses. (Oral or written) • Direct evidence – applies directly to proof of fact. • Eyewitness testimony – testimony given by someone based on personal observation of an event. • Circumstantial evidence – indirect evidence from the existence of certain facts my be inferred.

11. The Rules of Evidence • Competent to Testify – person who is legally qualified to give testimony or stand trial. • Forensic Experts – people qualified in the application of scientific knowledge to legal principles. • Hypothetical Questions – question based on assumed set of facts. Can be asked of expert witnesses. • Scientific Evidence – evidence obtained through scientific and technological innovations. • General Acceptance Test – determines whether to admit expert testimony in scientific matters.

12. The Rules of Evidence • Hypnotically Enhanced Testimony – testimony offered by witness whose memory has been refreshed through hypnosis. • Polygraph Evidence – results of a lie detector test. • General Objection – objection raised against a witness’ testimony or introduction of evidence when objecting party does not recite a specific ground for objection. • Specific Objection – counsel’s objection to a question posed to a witness by opposing counsel where a specific reason is given for objection. • Hearsay Evidence – statements made by someone other than the witness offered into evidence. • Best evidence – primary evidence used to prove a fact. • Opinion evidence – testimony in which witness gives his opinion.

13. Privileges • Privileges – rights extended to people by virtue of law. • Attorney-Client Privilege – right of an individual to refuse to allow their attorney to testify about matters discussed in confidence with an attorney in the course of the attorney’s representation. • Marital Privilege – The right of a person to prevent their spouse for testifying against them. • Clergy-Penitent Privilege – exemption of a clergy person and a penitent from disclosing communications made in confidence by the penitent.

14. The Trial Process • Opening Statement – prosecutor’s or defense attorney’s initial statement to the judge or jury in a trial. • Directed Verdict – verdict rendered by a jury by direction of presiding judge. • Right of Cross-Examination – right to question witnesses for the opposing side in a criminal trial. • Impeachment – legislative act bringing a charge against a public official that will cause his removal from public office. • Leading Questions – question that suggests an answer. • Right of Confrontation – right to face one’s accusers in a criminal case. • Judgment of Acquittal – judge’s order exonerating a defendant based on a finding that a defendant is not guilty.

15. The Trial Process • Rebuttal Witness – witnesses called to dispute the testimony of opposing party’s witnesses. • Jury Instructions – judge’s explanation of the law applicable to a case being heard by a jury. • Sequestration – holding jurors incommunicado during trial and deliberations. • Deadlocked Jury – jurors who cannot agree on a verdict. • Allen Charge – supplemental instructions given by the judge. • Inflammatory Remarks – remarks by counsel during a trial designed to excite the passions of the jury.

16. The Trial Process • Jury Nullification – fact of a jury disregarding the court’s instructions and rendering a verdict on basis of consciences of the jurors. • Jury Pardon – action taken by a jury acquitting a defendant or convicting the defendant of a lesser crime than charged. • Polling the Jury – trial judge asks each member of the jury whether he supports the jury’s verdict. • Verdict – formal decision rendered by a jury in a trial. • Motion for a new Trial – formal request made to a trial court to hold a new trial in a particular case that has already been adjudicated.