Criminal Justice Process:The Trial

Chapter 14

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.

Definitions

•Arbitrary -without regard for the facts and circumstances

•Capricious -unpredictable decisions which do not follow the law, logic or proper trial procedure

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

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)

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

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

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

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.

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

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

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

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

The End