PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 7 Trial This chapter examines Differences between bench and jury trials The concept of a public trial The right of the press to attend the trial Defendant’s right to a jury trial What constitutes a petty offense Makeup of juries

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Bench Trial Versus Jury Trial Bench trial–judge is the fact finder and the lawgiver Jury trial–the jury is the fact finder and the judge the lawgiver Why would an accused select a bench trial rather than a jury trial?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Right to a Jury Trial Sixth Amendment, U.S. Constitution Patton v. United States Trial by jury with less than 12 jurors was upheld Sanctioned the right of defendant to waive his or her right to a jury Petty offenses Federal criminal courts—right to jury trial State criminal courts—no federal constitutional right to jury trial for petty offenses

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Right to Trial by Jury Includes right to be tried by an impartial jury. Jury made up of peers? Does it mean that defendant has a right to be tried by his or her peers?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Is There a Right to Demand Trial by Judge Alone? Singer v. United States No correlative federal constitutional right to demand trial by judge alone. May have right under state statutes in state criminal cases to demand trial by judge alone. In the majority of states, the prosecutor may request a trial by jury when the defendant waives his or her right to a jury trial. In this case, the judge has the discretion on whether to try the case as a bench trial or impanel a jury.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Petty Offenses No federal constitutional right to a trial by jury in state courts for petty offenses. District of Columbia v. Clawans Petty offense—any misdemeanor for which the penalty would not exceed six months confinement or a fine not more than $500.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Size of Jury Common law tradition was 12 jurors Williams v. Florida—fewer than 12 permitted in noncapital cases Minimum approved by U.S. Supreme Court is six jurors.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Public Trial Guaranteed by Sixth Amendment— made applicable to the states by the Fourteenth Amendment. One that is not secret One that the public has a right to attend No requirement that members of the public attend

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Press under First Amendment has a right to attend a trial. The constitutionally protected right to free discussion of governmental affairs embraces the right of access. Judge for “good cause” may close a portion of a trial. Richmond Newspapers v. Virginia

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Gannett Co. v. DePasquale Press and public may be excluded from pretrial hearings. Adverse publicity prior to trial may hinder right of defendant to a fair trial. General rule, no closed hearings without a strong showing of prejudice to the requesting party (defendant or prosecutor).

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Gag Orders Trial judge has authority to limit information that the parties and counsel may provide to the media. Sheppard v. Maxwell The movies and television series of the fugitive Violation of gag order punished by contempt.