Chapter Twelve – Constitutional Rights of the Accused During Trial

1. Chapter Twelve – Constitutional Rights of the Accused During Trial Rolando V. del Carmen

2. Constitutional Rights of the Accused During Trial • The Right to a Trial By Jury • Jury Size • Williams v. Florida (1970) • Ballew v. Georgia (1978) • Unanimous versus Nonunanimous Verdicts • Apodaca v. Oregon (1972) • Johnson v. Louisiana (1972)

3. Constitutional Rights of the Accused During Trial • The Right to a Trial By Jury • Serious versus Petty Offenses • Baldwin v. New York (1970) • Blanton v. North Las Vegas (1989) • Lewis v. United States (1996) • Waiver of a Jury Trial • Singer v. United States (1965) • The Selection of a Jury of Peers • Taylor v. Louisiana (1975)

4. Constitutional Rights of the Accused During Trial • The Right to a Trial By Jury • The Disqualification of Jurors Based on Race • Batson v. Kentucky (1986) • Strauder v. West Virginia (1880) • Holland v. Illinois (1990) • Johnson v. California (2005) • Georgia v. McCullum (1992) • Powers v. Ohio (1991) • Campbell v. Louisiana (1998)

5. Constitutional Rights of the Accused During Trial • The Right to a Trial By Jury • The Disqualification of Jurors Based on Gender • J.E.B. v. Alabama (1994)

6. Constitutional Rights of the Accused During Trial • The Right to a Trial By Jury • The Constitutionality of “Death-Qualified Juries” • Lockhart v. McCree (1986) • Witherspoon v. Illinois (1968)

7. Constitutional Rights of the Accused During Trial • The Right to a Trial By Jury • The Strengthening of the Role of Juries in Sentencing • Apprendi v. New Jersey (2000) • Ring v. Arizona (2002)

8. Constitutional Rights of the Accused During Trial • The Right to Counsel • Gideon v. Wainwright (1963) • Constitutionally required in the following proceedings: • Custodial interrogations • Lineups, if formal charges have been filed • Preliminary examination • Arraignment • Trial • Sentencing • Appeal from a conviction, if available to others

9. Constitutional Rights of the Accused During Trial • The Right to Counsel • Not constitutionally required in the following proceedings: • Criminal investigation • Arrest, unless the suspect is interrogated • Grand jury proceedings • Habeas corpus proceedings • Probation or parole revocation

10. Constitutional Rights of the Accused During Trial • The Right to Counsel • Why Counsel is Needed • Powell v. Alabama (1932) • Iowa v. Tovar (2004)

11. Constitutional Rights of the Accused During Trial • The Right to Counsel • How Counsel is Obtained • Retained counsel – an attorney chosen and paid by the accused • Wheat v. United States (1988) • Court-Appointed Counsel • Indigent Defendant • Fuller v. Oregon (1974)

12. Constitutional Rights of the Accused During Trial • The Right to Counsel • The Responsibility of the Defense Lawyer • The Right to Court-Appointed Counsel during the Trial • Argersinger v. Hamlin (1972) • Scott v. Illinois (1979) • In re Gault (1967)

13. Constitutional Rights of the Accused During Trial • The Right to Counsel • The Difficulty of Proving Ineffective Assistance of Counsel • Specific errors must be pointed out • Effective assistance is assumed • United States v. Cronic (1984) • Strickland v. Washington (1984) • Wiggins v. Smith (2003) • Yarborough v. Gentry (2003)

14. Constitutional Rights of the Accused During Trial • The Right to Counsel • Claims of Ineffective Assistance of Counsel in Death Penalty Cases • A Sleeping Lawyer • Burdine v. Johnson (5th Cir. 2001) • Silent Lawyer • Bell v. Cone (2002) • A Lawyer who had the Victim as a Client • Mickens v. Taylor (2002)

15. Constitutional Rights of the Accused During Trial • The Right to Counsel • The Right to Act as One’s Own Counsel • Faretta v. California (1975) • Constitutional requirements that must be met: • Awareness of the right to counsel • Express waiver • Competency of the accused

16. Constitutional Rights of the Accused During Trial • The Right to Due Process • The Brady Rule on Disclosure of Evidence to the Accused • Mooney v. Holohan (1935) • Brady v. Maryland (1963) • Cases after Brady • United States v. Agurs (1976) • United States v. Bagley (1985) • Kyles v. Whitley (1995) • Strickler v. Greene (1999)

17. Constitutional Rights of the Accused During Trial • The Right Against Self-Incrimination • The Scope of the Provision: Testimonial not Physical • Gilbert v. California (1967) • South Dakota v. Neville (1983)

18. Constitutional Rights of the Accused During Trial • The Right Against Self-Incrimination • Two Separate Privileges during Trials: The Accused and the Witness • The Privilege of the Accused • Not to take the stand and not to testify • Griffin v. California (1965) • Fair Response • United States v. Robinson (1988)

19. Constitutional Rights of the Accused During Trial • The Right Against Self-Incrimination • Two Separate Privileges during Trials: The Accused and the Witness • The Privilege of a Witness • Refuse to disclose any information that may tend to incriminate him or her • United States v. Balsys (1998)

20. Constitutional Rights of the Accused During Trial • The Right Against Self-Incrimination • The Grant of Immunity • Immunityin criminal cases means that the person granted immunity will not be prosecuted in a criminal case, either fully or partially—depending upon the type of immunity granted—for testimony given before a grand jury, in court, or in some other proceeding from which prosecution could otherwise have resulted. • Murphy v. Waterfront Commission (1964)

21. Constitutional Rights of the Accused During Trial • The Right Against Self-Incrimination • Comparison between Transactional and Use and Derivative Use Immunity • Transactional immunity • Use and derivative use immunity • Kastigar v. United States (1972)

22. Constitutional Rights of the Accused During Trial • The Right Against Self-Incrimination • How the Right is Waived • Failure to Assert • Partial Disclosure • Taking the Witness Stand

23. Constitutional Rights of the Accused During Trial • The Right Against Double Jeopardy • What Double Jeopardy Means • Successive prosecution of a defendant for the same offense by the same jurisdiction • North Carolina v. Pearce (1969) • Three elements for double jeopardy to occur: • Successive prosecution • Same offense • Same jurisdiction

24. Constitutional Rights of the Accused During Trial • The Right Against Double Jeopardy • When Double Jeopardy Starts • When Double Jeopardy Is Waived • In mistrials • When a verdict of conviction is set aside on a defendant’s motion or appeal • In habeas corpus cases • Green v. United States (1957) • Burks v. United States (1978)

25. Constitutional Rights of the Accused During Trial • The Right Against Double Jeopardy • What Same Offense Means • Blockburger v. United States (1932) • Illinois v. Vitale (1980) • Brown v. Ohio (1977) • What Lesser Included Offense Means • Rutledge v. United States (1996)

26. Constitutional Rights of the Accused During Trial • The Constitutionality of Prosecution for a Higher Offense After Conviction for a Lesser Included Offense • “if the facts needed to prove the higher offense had not yet been discovered at the time of the first trial, despite the prosecution’s due diligence,” and • “if at the time the first case is tried, events have not yet occurred that are needed for the second crime.”

27. Constitutional Rights of the Accused During Trial • The Constitutionality of Prosecution for the Same Offense by Two States • Heath v. Alabama (1985)

28. Constitutional Rights of the Accused During Trial • The Right to Confront Witnesses • The Right to Cross-Examine Opposing Witnesses • Crawford v. Washington (2004) • The Right to Physical Presence During Trial • Deliberate Absence • Taylor v. United States (1973) • Disruptive Conduct in the Courtroom • Illinois v. Allen (1970)

29. Constitutional Rights of the Accused During Trial • The Right to Confront Witnesses • Coy v. Iowa (1988) • Maryland v. Craig (1990) • The Right to Know the Identify of Prosecution Witnesses • United States v. Owens (1988)

30. Constitutional Rights of the Accused During Trial • The Right to Compulsory Process to Obtain Witnesses • Webb v. Texas (1972) • Chambers v. Mississippi (1973)

31. Constitutional Rights of the Accused During Trial • The Right to a Speedy and Public Trial • A Speedy Trial • Barker v. Wingo (1972) • Doggett v. United States (1992) • Speedy Trial Act of 1974 • A Public Trial

32. Constitutional Rights of the Accused During Trial • The Right to a Fair and Impartial Trial • The Prohibition of Prejudicial Publicity • Irvin v. Dowd (1961) • Rideau v. Louisiana (1963) • A Public Trial

33. Constitutional Rights of the Accused During Trial • The Right to a Fair and Impartial Trial • Controlling Prejudicial Publicity • Change of Venue • Sequestration • Continuance • Issuance of a gag rule • Control of the press • Sheppard v. Maxwell (1966)

34. Constitutional Rights of the Accused During Trial • The Right to Proof of Guilt Beyond a Reasonable Doubt • What Must Be Proved • Reasonable Doubt • Moore v. United States (D.C. Cir. 1965) • Cage v. Louisiana (1990) • Sullivan v. Louisiana (1993) • Victor v. Nebraska (1994)