cjp – the trial. right to trial by jury when are juries used? 6 th amendment juries are not...
TRANSCRIPT
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CJP – THE TRIAL
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Right to Trial by Jury
When are juries used? 6th Amendment Juries are not required for offenses
punishable by less than 6 months in jail. Defendant can waive their right and
have a bench trial
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How a Jury is Selected
Selected from: Voter Registration Tax Lists Driver’s License Attorney’s cannot exclude someone
based on race or gender
Supreme Court only requires 6 Jurors
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Excluding Jurors
Peremptory Challenge – when an attorney asks the court to exclude a particular juror without giving a reason. If defendant can make a case of racial bias
by a prosecutor, the prosecutor must prove a race neutral reason for peremptory exclusion.
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Speedy and Public Trial
6th Amendment Const. does not define “speedy”, courts
have had a hard time deciding its meaning.
States typically decide the meaning. Defendants often waive this right
Why?
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Witnesses
Defendants have a right to compulsory process for obtaining a witness. Subpoena Helps defendant establish
a case 6th Amendment – right to
confront your accuser Ask questions by way of
cross examination Right to confrontation is
sometimes modified for child witnesses
Contempt of Court
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Self Incrimination
5th Amendment Prosecutor cannot make any statement
drawing the jury’s attention to the defendant’s refusal to testify.
Defendants also have the right to testify if they wish.
Defense Attorney often counsel clients, and can object to inappropriate questions.
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Self Incrimination
Immunity Witness cannot be prosecuted based on
any information provided in a testimony Based on a deal with the District Attorney. Must answer all questions Prosecutors use these laws to force people
to testify against codefendants.
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Public Defender
May either be private or public Public defender’s office is supported by
the government. Represent poor people in criminal cases Paid a lot less than private attorney’s
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Criminal Appeals
“Not Guilty” – typically the end of the case Prosecution cannot appeal
“Guilty” – Sentencing will follow Defendant can ask the judge to overturn
the jury’s verdict or declare a mistrial Or Appeal to a higher court.
Can challenge the conviction or the sentencing decision
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Order of Events
Appeal must be filed shortly after the final judgment Lets the prosecution and court know
Appellate court sets the schedule, which involves the preparation of legal briefs
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Briefs
Short statements from each lawyer about the case. Defendants – states the alleged error of law States Reply – response to those
arguments. Typical Possible errors
Ineffective assistance Improperly admitted evidence Jury had wrong instructions Improper use of sentencing guidelines.