Chapter 14. Sixth Amendment – right to a jury trial All federal & state courts Jury are not used very often Most cases are settled by plea bargaining.

Criminal Justice Process: The Trial

Chapter 14

Right to Trial by Jury

Sixth Amendment – right to a jury trial

All federal & state courts Jury are not used very often Most cases are settled by plea

bargaining

Right to Trial by Jury

Minor cases – jury trial are not required

Defendant can waive his/her rights to a jury trial

Waive – give up Defendants can have the option of a

bench trial Judge acts as judge & jury

Right to Trial by Jury

Jury panels are selected by: Voter registration Tax lists Driver’s license

Right to Trial by Jury

Federal courts – juries consists of 12 members

Must receive a unanimous verdict before finding a person guilty

Many states use 12 person jury 12 person jury is not required by the

Constitution

Right to Trial by Jury

Supreme Court requires only 6 jurors Unanimous verdicts is not required in

state courts Racial discrimination in jury selection

has been problematic in the nation’s courts

Peremptory challenges – lawyer can dismiss a juror without giving any reason why

Judge must decide between prosecutor & defendant in maintain a fair jury

Right to Trial by Jury

Appellate courts usually side with the trial judge on matters of jury selection

Right to a Speedy & Public Trial

Sixth Amendment – right to a speedy trial in criminal cases

Constitution does not define speedy Federal & some state courts – set

time limits within which a case must be brought to trial

If the defendant does receive a speedy trial the case may be dismissed

Most defendants waive their right to a speedy trial

Right to Compulsory Process &to Confront Witnesses

Defendants have the right to call witnesses

Some witnesses don’t want to get involved

Compulsory process for obtaining witnesses is a subpoena

Subpoena – court order requiring the witness to appear in court to testify

Right to Compulsory Process &to Confront Witnesses

Sixth Amendment – right of the accused to confront the witnesses against & to cross-examine

Right can be restricted if the defendant becomes disorderly or disruptive

Defendant can be cited for contempt of court – any act to embarrass, hinder, or obstruct the court

Right to Compulsory Process &to Confront Witnesses

Extreme cases the defendant is bound & gagged

Modified for child witnesses Use closed-circuit television cameras Keep the defendant & child

witnesses apart

Freedom From Self-Incrimination

Fifth Amendment – freedom from self-incrimination

Cannot be forced to testify against yourself in a criminal trial

Freedom From Self-Incrimination

Prosecution cannot make reference to the defendant’s refusal to testify

Once the defendant takes the witness stand he/she is fair game for the prosecution

Freedom From Self-Incrimination

Some witnesses are granted immunity in exchange for their testimony

Immunity – protection from prosecution & being sued

Freedom From Self-Incrimination

A witness with immunity must answer all questions

Even questions that are incriminating

Prosecutors use immunity to force codefendants to testify against each other

Right to an Attorney

Sixth Amendment – right to legal counsel in all criminal cases

1938 Supreme Court – federal courts must appoint attorneys for indigent defendants

1963 Gideon v. Wainwright – all state courts must provide attorneys for indigent defendants

Right to an Attorney

1972 Supreme Court – no defendant can be jailed unless given the opportunity to be represented by an attorney (felony & misdemeanor)

Basic idea of a fair trial Prosecutor – lawyer Defense attorney - lawyer

Right to an Attorney

Defendants have a choice of a private lawyer or public defendant

Public defendant usually represent poor people in criminal cases

Critics say private lawyer are better at winning cases than public defendants

Criminal Appeals

State cannot appeal once the defendant is acquitted of the crime (double jeopardy)

Guilty verdict leads to sentencing The defendant can ask the judge to:

Overturn the verdict Enter a verdict of not guilty Declare a mistrial – ask for a new

trial These strategies are rarely

successful

Criminal Appeals

Defendant can appeal to a high court Defendant can challenge the

conviction or sentencing Need a different lawyer Trade in trial lawyer for appellate

lawyer

Criminal Appeals

To start the appeals process:1. Defendant files a notice of appeal2. Forewarns the prosecution &

appellate court3. Appellate court sets the schedule4. Legal briefs for both sides5. Defendant focuses on errors

during the trial6. State replies to this accusations

Criminal Appeals

Possible errors: Ineffective assistance of counsel Improperly admitting evidence Giving the jury the wrong set of

instructions Improper use of sentencing

guidelines And others

New information is not presented at the appeal

Criminal Appeals

Trial courts determine questions of fact

Appellate courts determine questions of law

The defendant (petitioner or appellant) must show serious errors of law

Minor legal errors will not over turn the case

Criminal Appeals

Defendant may apply for a writ Writ – order from higher court to

lower court or government official Writ of habeas corpus – defendant is

held illegally & request release Filing a writ doesn’t mean that the

court will grant the request