Criminal Justice P rocess:

1. Criminal Justice Process: The Trial Chapter 14

2. 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.

3. Definitions • Arbitrary -without regard for the facts and circumstances • Capricious -unpredictable decisions which do not follow the law, logic or proper trial procedure

4. 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

5. 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)

6. 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

7. 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

8. 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 cross-examination • 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

9. 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.

10. 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

11. 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

12. 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

13. Quiz – next class on basic concepts • Know key terms • Main concepts

14. The End