Criminal Justice Process

The Trial

Due Process of Law

Due Process of LawDue Process of Law

Every citizen is entitled to Every citizen is entitled to due process of lawdue process of law The idea that laws and legal proceedings must The idea that laws and legal proceedings must

be fairbe fair The Constitution guarantees that the The Constitution guarantees that the

government cannot take away a person’s government cannot take away a person’s basic rights to basic rights to “life, liberty, or property, “life, liberty, or property, without due process of law”without due process of law”

Procedures followed by law enforcement/ Procedures followed by law enforcement/ courts must protect an individual's rights as courts must protect an individual's rights as set out in the Constitutionset out in the Constitution

Due Process of LawDue Process of LawAccused people are entitled Accused people are entitled to have a jury trial in public without undue delayto have a jury trial in public without undue delay to be informed of their rights and of the charges to be informed of their rights and of the charges

against themagainst them to confront and cross-examine witnessesto confront and cross-examine witnesses to compel witnesses to testify on their behalfto compel witnesses to testify on their behalf to refuse to testify against themselvesto refuse to testify against themselves to be represented by an attorneyto be represented by an attorney

Jury NullificationJury Nullification

Early in our history, judges often informed jurors of their nullification right. 

For example, our first Chief Justice, John Jay, told jurors: "You have a right to take upon yourselves to judge [both the facts and law]." 

Do You agree with Jay?

Right to Trial by JuryRight to Trial by Jury

Right to a Trial by JuryRight to a Trial by Jury

Is guaranteed by the Is guaranteed by the Sixth AmendmentSixth Amendment

However, a jury is not required in every However, a jury is not required in every case, and most trials proceed without onecase, and most trials proceed without one

Defendants can Defendants can waivewaive (give up) their right (give up) their right to a jury trialto a jury trial

Defendant may choose a Defendant may choose a "bench trial""bench trial"

Bench TrialBench Trial

Bench TrialBench Trial The judge performs the fact-finding function of the The judge performs the fact-finding function of the

juryjury The defendant might choose a bench trial rather The defendant might choose a bench trial rather

than a jury trial if:than a jury trial if:

- the case involves technical legal issues that a - the case involves technical legal issues that a jury might not easily understandjury might not easily understand

- the defendant fears that a jury may be inflamed - the defendant fears that a jury may be inflamed by the nature of the charges by the nature of the charges

- the defendant believes the jury will be unable to - the defendant believes the jury will be unable to judge the evidence in the case objectivelyjudge the evidence in the case objectively

Jury Selection ProcessJury Selection Process

Jury Selection ProcessJury Selection Process

Members of the jury are selected through Members of the jury are selected through a process called a process called voir dire voir dire (to speak the (to speak the truth)truth)

Jury panels selected from voter Jury panels selected from voter registration or tax lists (aim to be registration or tax lists (aim to be representative of the community)representative of the community)

Juror ChallengesJuror Challenges For-cause challenge For-cause challenge allows a potential juror to allows a potential juror to

be eliminated for a specific reason (the juror be eliminated for a specific reason (the juror knew the defendant or the victim in the case)knew the defendant or the victim in the case)

Peremptory challengePeremptory challenge allows an attorney to allows an attorney to exclude a limited number of jurors without exclude a limited number of jurors without giving a reasongiving a reason

U.S. Supreme Court has ruled in a number of U.S. Supreme Court has ruled in a number of cases that a juror may NOT be excluded on the cases that a juror may NOT be excluded on the basis of racebasis of race

In this tense jury argues a case in a stuffy room on a hot summer's day. Eleven say "guilty!" But one holdout (Juror #3) is convinced of the defendant's innocence and stubbornly argues "reasonable doubt." This tense courtroom drama is a remake of Sidney Lumet's 1957 favorite

LATE WORK REMINDERALL late work (class and homework assignments) must be submitted by this Wednesday at the end of school for inclusion in Term 2 grade.

Twelve Angry MenTwelve Angry Men As you view this movie – THINK ABOUT

the role of doubt in deciding whether the defendant is guilty or not guilty

THINK ABOUT doubt vs. “reasonable doubt”

If you were the defendant in this case, would you want this jury to be your jury to decide your fate?

Right to a Speedy and Public TrialRight to a Speedy and Public Trial

Right to a Speedy and Public TrialRight to a Speedy and Public Trial

Sixth Amendment - defendants given a right to a speedy trial in all criminal cases

Otherwise an innocent person might be denied fundamental liberties while awaiting trial in jail for something he or she did not do

Case may be dismissed if the person does not receive a speedy trial

Defendants can waive, or give up, this right for more time to prepare

Right to Compulsory ProcessRight to Compulsory Process

Right to Compulsory ProcessRight to Compulsory Process

Defendants in a criminal case have a right to compulsory process for obtaining witnesses

This means that the defendant can get a subpoena (court order) requiring a witness to appear in court to testify

Without this right, defendants would have difficulty establishing a defense

Right to Confront WitnessesRight to Confront Witnesses

Right to Confront WitnessesRight to Confront Witnesses

The Sixth Amendment provides the accused with the right to confront witnesses against them and to ask questions (cross examination)

The defendant has the right to be present during the trial

However, judges have the power to remove any defendant if he/she becomes disorderly

The defendant can be held for contempt of court (any act to embarrass, hinder, or obstruct the court)

Freedom from Self-incriminationFreedom from Self-incrimination

Freedom from Self-IncriminationFreedom from Self-Incrimination

This right comes from the Fifth Amendment

Means that you cannot be forced to testify against yourself in a criminal trial

This right can be waived when a defendant takes the witness stand (now must answer all questions)

If granted immunity (freedom from prosecution) a person MUST answer all questions – even those that are incriminating

Right to an AttorneyRight to an Attorney

Right to an AttorneyRight to an Attorney

This right is provided in the Sixth Amendment

As a result of Supreme Court decision (Gideon v Wainwright), criminal indigent defendants (cannot afford an attorney) are appointed one by the state free of charge

55thth Amendment’s Double Amendment’s Double JeopardyJeopardy The Fifth Amendment’s double

jeopardy language means …

a defendant cannot be prosecuted a second time for the same offense after either an acquittal or a conviction

Steps in A Trial

Opening Statement

At the start of the trial, each side (prosecutor and defense) explains what it expects to prove or disprove and how they intend to do that

State Presents its Case

Prosecution‘s Direct Examination of Their Witnesses

Calls the witnesses for their side Asks questions of the witness Questions based on the facts the witness has to offer

Defense's Cross-examination of the Prosecution's Witnesses

Defense attorney tries to get the other side's witness to admit something that will help his or her client

May also try to show that a witness is not credible or dependable

Defense Presents its Case

Defense's Direct Examination of Their Witnesses Defendant's attorney calls the witnesses for their side

Prosecution's Cross-examination of the Defense's Witnesses

Prosecutor tries to get the other side's witness to admit something that will help their case

May also try to show that a witness is not dependable

Closing Arguments

Each attorney sums up the main points that help their case

The prosecuting attorney is the first to present the main points

The defendant's attorney then makes an argument

Finally, the prosecuting attorney has a chance to react the defense's comment

This is called rebuttal

Judge's Instructions to the Jury

The judge explains to the jury what the principles of law are in the case

He or she asks the jury to make a fair decision about the case

Jury Deliberations

The jury leaves the courtroom and goes to a separate to discuss the case

The jury talks about and makes a decision in the case

Once the jury makes a decision, it reports back to the courtroom

The judge announces the verdict

If the defendant waived a jury trial, the judge issues a verdict

The Verdict

Verdict - a jury's decision on a case

In most states, a unanimous decision is required one way or the other

If the jury cannot reach a unanimous decision, it is said to be a hung jury, and the case may be tried again

The judge will declare a mistrial

If the verdict is guilty, the defendant may have a right to appeal if an error of law has been committed

Criminal Appeals

Defendant found guilty is entitled to an appeal

Many potential grounds for an appeal (error of law) may include:

- Allowing inadmissible evidence

- Mistakes in the judge's instructions to the jury

- Misconduct on behalf of the jurors

Can prejudice obscure justice?Can prejudice obscure justice?