Chapter 13

1. Chapter 13 The Courtroom: The Pretrial and Trial Process

2. Preliminary Hearing • must be held within a “reasonable period of time” • to determine whether there is sufficient evidence to subject the defendant to criminal prosecution • defendant has a right to representation by a lawyer • indictment states, information states, and modified indictment states

3. Grand Jury • Fifth Amendment • Hurtado v. California • Vazquez v. Hillery: automatic reversal rule • indictment • true bill vs. no bill • presentment • essential features of indictment • essential elements • factual specificity • power of grand jury investigations

4. Arraignment • defendant is brought before a judge, is informed of the charges, and required to enters a plea • four pleas • not guilty • not guilty by reason of insanity • nolo contendere • guilty

5. Pretrial Motions • double jeopardy • Fifth Amendment • United States v. Difrancesco • speedy trial • Sixth Amendment • Klopfer v. North Carolina • change of venue • Article III, Section 2 of the U.S. Constitution • Groppi v. Wisconsin

6. Pretrial Motions (cont.) • discovery • Brady v. Maryland • suppression of evidence • Fourth Amendment • Fifth Amendment Miranda requirements • exclusionary rule

7. Right to a Jury Trial • Article III, Section 2 of the U.S. Constitution • Sixth Amendment • Duncan v. Louisiana • Baldwin v. New York • Blanton v. City of North Las Vegas • Lewis v. United

8. Twelve-Member Jury Requirement • Thompson v. Utah: the Sixth Amendment follows the common law and guarantees an individual a jury composed of twelve persons, “neither more nor less” in federal court • Williams v. Florida: states are not required to use 12 member juries • Ballew v. Georgia: five jurors is too few

9. Jury Selection • venire • voir dire • peremptory challenge • challenge for cause • Equal Protection Clause

10. Peremptory Challenges • a juror who has his/her “mind made up” cannot fairly and impartially weigh the evidence, should not serve on the jury, and should be struck for cause • a challenge that is “exercised without a reason stated, without inquiry, and without being subject to the court’s control” • limited number

11. Challenge to Judges • federal “challenge-for-cause” and similar state statutes • file a motion claiming judicial bias • recusal • Caperton v. A.T. Massey

12. Public Trial • Sixth Amendment • a central component of due process • applies to all hearings related to the trial • designed to protect defendants from being subjected to secret trials • press and public may be excluded from a preliminary hearing where there is a substantial probability that the publicity will prejudice the defendant’s right to a fair trial and there are no reasonable alternatives to closing the hearing • proceedings may be closed to protect juveniles alleged to have been the victims of sexual abuse

13. Opening Statement • a brief verbal presentation of the evidence that a lawyer plans to present • lawyers are not to refer to evidence reasonably believed to be inadmissible later on • should not be used to make an impassioned argument or emotional appeal

14. Presentation of Evidence • case-in-chief • presented by prosecution • cross-examination • motion for a judgement of acquittal • rebuttal

15. Confrontation • Sixth Amendment • Confrontation Clause • based on a concern with insuring the accuracy of trials • issue of sexual molestation of juveniles

16. Cross-Examination • John Henry Wigmore: the “greatest” contribution of the common law and the “greatest legal engine ever invented for the discovery of the truth” • to determine whether a witness’s testimony can withstand questioning that probes the witness’s accuracy, consistency, and objectivity • Davis v. Alaska • Olden v. Kentucky

17. Hearsay • a “statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted” • a witness testifying as to what someone else said outside the courtroom • violates the Confrontation Clause • is allowed in certain, limited circumstances

18. Compulsory Process • Sixth Amendment • an individual shall have “compulsory process for obtaining witnesses in his favor” • defendant has the right to obtain witnesses, documents, and other evidence that are required to defend him/herself • defendant the right to present witnesses, documents, and other evidence at trial and to present a criminal defense

19. Burden of Proof • adversarial trial process • two components • the burden of going forward (or the burden of production) • the burden of persuasion • a criminal conviction carries serious consequences and that the Government must bear the burden of criminally convicting a defendant and depriving a defendant of his/her liberty • Fifth Amendment: “no person . . . shall be compelled in any criminal case to be a witness against himself”

20. Reasonable Doubt • standard of criminal guilt • In re Winship: the Due Process Clause “protects the accused from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged” • reasons • presumption of innocence • false convictions • seriousness of criminal convictions • community confidence

21. Closing Arguments • prosecutor then defense then prosecutor • Herring v. New York • ABA suggested limitations • Dunlop v. United States • Donnelly v. DeChristoforo • invited response doctrine

22. Jury Instructions • issued the the jury by the judge before the jury begins to discuss the defendant’s guilt or innocence • pattern jury instructions • attorneys may have some say

23. Jury Deliberations • jurors are ordinarily provided with copies of the charges and jury instructions • the judge may allow jurors to view exhibits that were introduced into evidence • “deadlocked” juries • reconsideration • hung jury • Allen or dynamite charge

24. Jury Unanimity • Sixth Amendment • Apodaca v. Oregon • Johnson v. Louisiana • nonunanimous verdicts • Burch v. Louisiana

25. Jury Nullification • should the jury find a law unfair, they may refuse to find the defendant guilty and vote to acquit • juries voting their conscience rather than the law • Sparf and Hansen v. United States • United States v. Washington • United States v. Dougherty • can only find guilty defendants not guilty, not vice versa

26. Guilty Pleas • plea bargains • three types • reduction or dismissal of certain charges • reduction of sentence • sentence recommendation • benefits • criticisms • constitutionality • withdrawal of plea • Hyde v. United States