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Criminal Justice Process: The Trial

Criminal Justice Process: The Trial. CLJ M. Teal. Contempt of court Immunity Mistrial Petitioner/appellant Writ Habeas corpus. Vocabulary. The U.S. Constitution entitles accused people with certain rights. The 6 th Amendment guarantees the right to a jury trial in most criminal cases.

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Criminal Justice Process: The Trial

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  1. Criminal Justice Process: The Trial CLJ M. Teal

  2. Contempt of court • Immunity • Mistrial • Petitioner/appellant • Writ • Habeas corpus Vocabulary

  3. The U.S. Constitution entitles accused people with certain rights.

  4. The 6th Amendment guarantees the right to a jury trial in most criminal cases. • Jury panels are selected from voter registration or tax lists and aim to be representative of the community. • A preemptory challenge allows an attorney to exclude a limited number of jurors without giving a reason. • http://www.youtube.com/watch?v=QMqO8zosF38 Right to Trial by Jury

  5. The 6th Amendment provides defendants with a right to a speedy trial in all criminal cases. • Without this requirement, an innocent person might be denied fundamental liberties while awaiting trial in jail for something he or she did not do. • Defendants often waive, or give up, their right to a speedy trial because they may need more time to prepare. Right to Speedy and Public Trial

  6. Defendants in a criminal case have a right to compel, or force, witnesses to testify through the use of a subpoena—a court order that requires witnesses to testify. • The 6th Amendment also provides defendants with the right to face the witnesses testifying against them and to ask them questions through cross examination. • http://www.youtube.com/watch?v=12IO9ocdMX4 Right to Compulsory Process and to Confront Witnesses

  7. The 5th Amendment protects a defendant from having to testify against himself or herself in a criminal case. • Regardless of innocence or guilt, defense attorneys often believe it is better that their clients do not take the stand. • A witness who is given immunity cannot be prosecuted based on any information provided in testimony. • http://www.youtube.com/watch?v=yxE_oQBwrdU Freedom from Self-Incrimination

  8. The 6th Amendment provides each defendant with the right to have a lawyer assist with his or her defense. • In cases for which imprisonment is a possible punishment, the government provides defense counsel for indigent (poor) defendants. • http://www.youtube.com/watch?v=EpDdPjUgf-w Right to an Attorney

  9. If the jury returns a verdict of "not guilty," the case is usually over. • If the jury finds the defendant guilty, the defense may ask the judge to overturn the jury's verdict. • http://www.youtube.com/watch?v=6IIDJshJE3E • The defense may also appeal to a higher court, known as an appellate court, claiming that there were legal errors made by the judge during the trial. Criminal Appeals

  10. 14.1 • 14.3 • 14.4 • 14.5 • 14.6 Do Now

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