Court procedures and rights of the accused [2]

Typical courtroom layoutTypical courtroom layout1.1. How does the layout How does the layout

lend itself to an lend itself to an adversarialadversarial process? process?

2.2. How do you know How do you know this is a this is a civilcivil trial trial [not a [not a criminalcriminal trial]? trial]?

3.3. Thinking about Thinking about appeals, why is the appeals, why is the court reporter vital?court reporter vital?

4.4. What protection of What protection of the the 55thth amendment amendment is present?is present?

5.5. What protections of What protections of the the 66thth amendment amendment are present here?are present here?

6.6. What must be true What must be true of the jury?of the jury?

7.7. What is the judge’s What is the judge’s role?role?

#4: #4: due process of law

#5#5: defendant knows charges; public trial; jury of peers; counsel for the defense; confront witnesses; call own witnesses

Presumption of innocence; due process and equal protection of law; search warrant

Habeas corpus; no bills of attainder; ex post facto laws

No excessive bail

Miranda rights: self incrimination; counsel present during questioning

Indictment by grand jury

Informed of charges

Right to counsel

Presumption of innocence

Speedy & public trial

Impartial jury; cross examine witnesses;call witnesses; self-incrimination; right to counsel

Prosecution shares information; defense goes last; complete records

Unanimous decision; reasonable doubt

No cruel/unusual punishment; separate jury for death sentence

No double jeopardyMotion for appeal