CJP – THE TRIAL

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

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

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.

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?

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

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.

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.

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

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

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

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.