The Sixth Amendment: … the accused shall enjoy (1.)the right to a speedy …public trial, (2.)by an impartial jury of the State and district wherein the.

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Presentation transcript:

The Sixth Amendment: … the accused shall enjoy (1.)the right to a speedy …public trial, (2.)by an impartial jury of the State and district wherein the crime shall have been committed, …, and (3.)to be informed of the nature and cause of the accusation; (4.)to be confronted with the witnesses against him; (5.)to … obtaining witnesses in his favor, and (6.) to have the … Counsel for his defense.

6TH AMENDMENT SPEEDY/PUBLIC TRIAL IMPARTIAL JURY FROM STATE AND DISTRICT OF CRIME INFORMED OF NATURE OF CRIME CONFRONT WITNESSES COMPEL WITNESSES TO TESTIFY ASSISTANCE OF COUNSEL

1. SPEEDY TRIAL BEFORE ARREST AFTER ARREST STATUTE OF LIMITATIONS NO UNNECESSARY DELAY AFTER ARREST FIRST APPEARANCE TRIAL MISDEMEANOR: 30/45 DAYS FELONY: PRELIM: 10 COURT DAYS; TRIAL: 60 DAYS FROM SUPERIOR COURT ARRAIGNMENT

1.PUBLIC TRIAL COURTROOM NOT CLOSED DOES NOT APPLY IN JUVENILE CASES DOES NOT GUARANTEE RIGHT TO PRESS (1ST AMENDMENT) DEFENDANT’S RIGHT NO RIGHT TO HAVE CAMERAS DOES NOT APPLY IN JUVENILE CASES

2. IMPARTIAL JURY JURY SELECTION PROCESS DMV/VOTER REGIS KNOWLEDGE OF FACTS/PARTIES DOES NOT AUTOMATICALLY DISQUALIFY FAIRNESS IS THE ISSUE

2. VENUE 3. INFORMED OF CRIME TAKES PLACE AT ARRAIGNMENT TRIAL IN COUNTY/DISTRICT OF CRIME GUARANTEES JURY FROM STATE AND DISTRICT OF CRIME VENUE CAN BE CHANGED AT DEFENDANT’S REQUEST 3. INFORMED OF CRIME TAKES PLACE AT ARRAIGNMENT

4. RIGHT TO CONFRONT WITNESSES 5. RIGHT TO BRING WITNESSES IN YOUR FAVOR RIGHT TO USE SUBPOENAS- summoning to appear in court which is binding by law 6. ASSISTANCE OF COUNSEL RIGHT TO COURT APPOINTED COUNSEL

A. Trial Procedure B. Evidence Direct vs. Circumstantial Testimony Documentary “Real Evidence” Demonstrative Judicial Notice Stipulations Jury Selection Preliminary Instructions/Reading Accusation Opening Statements Prosecutor’s Case in Chief Defense Rebuttal Arguments Instruction

C. Possible Verdicts- jury required to be unanimous Guilty Acquittal Hung Jury- jury cant agree on a verdict, results in a mistrial(can be tried again)

E. Alternative Sentences D. Sentencing E. Alternative Sentences Concurrent Consecutive Determinate v. Indeterminate Death Penalty Cases Probation Restitution Registration Work Furlough Treatment Community Service Home Detention F. Parole Early Release

G. Post Conviction Remedies Appeal Habeas Corpus Executive Clemency H. Juvenile Proceedings No Jury Trial No Public Trial Sentencing

7th Amendment: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”

7th Amendment: right to a jury trial in civil cases more than $20.00. The $20 in the amendment doesn’t seem significant now. when the amendment was written in 1791 twenty dollars was a lot more money than it is today. Today twenty dollars is about 1,248 dollars.