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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?
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CJ227: Criminal 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?

Dec 13, 2015

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Page 1: CJ227: Criminal 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?

Page 2: CJ227: Criminal 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 SeminarJudge Charles Burns

Page 3: CJ227: Criminal 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?

Week 3 Wrap Up

Media In the Courtroom

Change of Venue

Page 4: CJ227: Criminal 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?

Unit 4 RequirementsQuiz

Discussion Board

Chapters 7 & 8 – online material

Seminar

Analysis and Application Assignment- John Doe’s problemsPaper

Page 5: CJ227: Criminal 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?

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.

Page 6: CJ227: Criminal 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?

5th AmendmentDouble Jeopardy

Right against self incriminationRight to Remain SilentMiranda Rights are a judicially created

protection of the rightRight of Due Process

Page 7: CJ227: Criminal 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?

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?

Page 8: CJ227: Criminal 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?

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?

Page 9: CJ227: Criminal 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?

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.

Page 10: CJ227: Criminal 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?

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

Page 11: CJ227: Criminal 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?

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?

Page 12: CJ227: Criminal 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?

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.

Page 13: CJ227: Criminal 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?

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”

Page 14: CJ227: Criminal 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?

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

Page 15: CJ227: Criminal 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?

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?

Page 16: CJ227: Criminal 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?

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

Page 17: CJ227: Criminal 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?

Unit 5 – Midterm Week

Midterm Exam

NO Quiz or Seminar next week