Vocabulary Activity Subpoena Indigent Double Jeopardy Copy the definition of the following term into your notes: Subpoena Indigent Double Jeopardy

Criminal Justice Process: The Trial Arrest Booking Initial Appearance Information/Grand Jury Felony Arraignment and Pleas Pretrial Motions Trial

Right to a Speedy and Public Trial

Louisiana Laws Code of Criminal Procedure CCRP 701 — Right to a speedy trial Art. 701. Right to a speedy trial A. The state and the defendant have the right to a speedy trial. B. The time period for filing a bill of information or indictment after arrest shall be as follows: (1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within forty- five days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony. (b) When the defendant is continued in custody subsequent to an arrest, an. indictment shall be filed within one hundred twenty days of the arrest if the defendant is being held for a felony for which the punishment may be death or life imprisonment (2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony. Failure to institute prosecution as provided in Subparagraph (1) shall result in release of the defendant if, after contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the defendant. D.(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article. After the filing of a motion for a speedy trial by the defendant and his counsel the time period for commencement of trial shall be as follows: (a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody. (b) The trial of a defendant charged with a misdemeanor shall commence within thirty days if he is continued in custody and within sixty days if he is not continued in custody. (2) Failure to commence trial within the time periods provided above shall result in the release of the defendant without bail or in the discharge of the bail obligation, if after contradictory hearing with the district attorney, just cause for the delay is not shown.

Right to a Speedy and Public Trial Defendants often waive their right to a speedy trial because more time is needed to prepare their case.

Right to Compulsory Process and to confront Witness

Right to Compulsory Process and to Confront Witness Defendant may subpoena witnesses (court order requiring witness to appear and testify) Defendant has the right to confront (face to face) witness against them and aske them questions (cross examination) - This can be a high stress part of the trial - If defendant becomes unruly they may be charged with contempt of court and in extreme cases may be removed from court or be bound and gagged

Right to Compulsory Process and to Confront Witness https://www.youtube.com/watch?v=4WgI8OguetI (7:00)

Freedom from Self-Incrimination You cannot be forced to testify against yourself in a criminal trial. Prosecutor is forbidden to make any statement that draws attention to the defendants refusal to testify A defendant may choose to testify in their own defense but this will lead to cross examination by the prosecutor who will try to point out inconsistencies in the defendants testimony

Freedom from Self-Incrimination Witness may be granted immunity (freedom from prosecution) in return for their testimony A person granted immunity must answer all questions asked, even those that are incriminating Commonly used to leverage co-defendants against each other

Right to an Attorney 1938 Supreme Court requires attorneys be appointed for all indigent (someone who cannot afford and attorney) defendants in felony cases 1963 Supreme Court extends right to counsel to all felony defendants (Gideon V. Wainwright) 1972 Supreme court extends this right to misdemeanor cases State Prosecuting Attorney(s) (Lawyer) Investigators All Law Enforcement Agencies and Resources Defendant

Gideon V. Wainwright If an obscure Florida convict named Clarence Earl Gideon had not sat down in his prison cell . . . to write a letter to the Supreme Court . . . the vast machinery of American law would have gone on functioning undisturbed. But Gideon did write that letter, the Court did look into his case . . . and the whole course of American legal history has been changed." —Robert F. Kennedy

In June 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, FL. Police arrested Clarence Earl Gideon after he was found nearby with a pint of wine and some change in his pockets. Gideon, who could not afford a lawyer, asked a Florida Circuit Court judge to appoint one for him arguing that the Sixth Amendment entitles everyone to a lawyer. The judge denied his request and Gideon was left to represent himself. He did a poor job of defending himself and was found guilty of breaking and entering and petty larceny. While serving his sentence in a Florida state prison, Gideon began studying law, which reaffirmed his belief his rights were violated when the Florida Circuit Court refused his request for counsel. From his prison cell, he handwrote a petition asking the U.S. Supreme Court to hear his case and it agreed. The Court unanimously ruled in Gideon’s favor, stating that the Sixth Amendment requires state courts to provide attorneys for criminal defendants who cannot otherwise afford counsel.

Criminal Appeals Mistrial (Hung Jury) Not Guilty (Defendant is free) Arrest Booking Initial Appearance Information/Grand Jury Felony Arraignment and Pleas Pretrial Motions Trial Verdict Mistrial (Hung Jury) Not Guilty (Defendant is free) Guilty (Appeals )

Criminal Appeals Not Guilty Verdict – End of case, Prosecution cannot appeal based on 5th amendments Double Jeopardy clause Guilty Verdict – Trial moves to sentencing phase

Criminal Appeals Once final judgement has been entered the defendant may ask for a mistrial to be declared (set aside the juries verdict) Defendant is now referred to as an appellant or Petitioner

Criminal Appeals Writ – A judges order or authorization for something to be done Habeas Corpus – Directs officials who have custody of a prisoner to appear in court with the prisoner -- May be used instead of appeals to show unlawful confinement (i.e. DNA evidence exonerates the defendant)