Procedure Unit 4 Seminar Trial options and the Defendants Rights Or I am in trouble, I need a good attorney, fast Who will decide my fate?
CJ227: Criminal ProcedureUnit 4 Seminar
Trial options and the Defendants Rights
Or I am in trouble, I need a good attorney, fast
Who will decide my fate?
CJ227: Criminal ProcedureUnit 4 SeminarJudge Charles Burns
Week 3 Wrap Up
Media In the Courtroom
Change of Venue
Unit 4 RequirementsQuiz
Discussion Board
Chapters 7 & 8 – online material
Seminar
Analysis and Application Assignment- John Doe’s problemsPaper
5th AmendmentNo person shall be held to answer for a capital,
or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
5th AmendmentDouble Jeopardy
Right against self incriminationRight to Remain SilentMiranda Rights are a judicially created
protection of the rightRight of Due Process
5th AmendmentPolice arrest someone and force him to stand
in a lineup – does this violate the right against self incrimination?
Is it testimonial evidence?Fingerprinting?Writing Sample?DNA Sample?
DUI casesRight to refuse breath blood test under 5th
Amendment?Is it testimonial evidence?Driving is a privilege- implied consent lawsRefusal admissible as inference of guilt
Compare defendant refusing to talk or asking for attorney while being questioned f asserting
Taking of blood or breath by force Search warrant necessary?
6th AmendmentIn all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Sixth Amendment“In all criminal prosecutions the accused
shall enjoy the … Assistance of Counsel for his defense.
What if Defendant could not afford attorney?
Prior to trial or counsel only at trial? Initiation of adverse criminal proceedings
Sixth Amendment1932 – U.S. Supreme Court ruled that in a
capital case, where the accused is unable to employ counsel and is incapable of making his own defense, it is the duty of the court to assign counsel. (Powell v. Alabama)
Reasons given by the Court?
Gideon v. Wainwright (1963)Gideon was charged with breaking into a pool
hall in Florida.
The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.
Sixth Amendment1972 – U.S. Supreme Court extends right to
counsel to all cases where jail is punishment
“absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor or felony, unless he is represented by counsel at trial”
Sixth AmendmentDefendant may waive right to counsel
Pro se defendants
What is the test used to determine if defendant can waive his or her right to counsel?
Faretta Hearing
Standby Counsel
6th Amendment Right of Confrontation
Right to be physically present unless waived or forfeited- Critical stageTrial in Absentia
Mentally c0mpetent to stand trialLive testimony of physically present
witnessesRight to cross examine witnesses
Why is this important?
6th Amendment- Compulsory ProcessRight to present Evidence
Offer testimony of witnesses and compel their attendance
Police informants- transactional witnessRight of confrontationCannot restrict defense from submitting a
evidence or a defense to the charges
Unit 5 – Midterm Week
Midterm Exam
NO Quiz or Seminar next week