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 Procedure Unit 4 Seminar Judge Charles Burns

Week 3 Wrap Up Media In the Courtroom Change of Venue

Unit 4 Requirements Quiz Discussion Board Chapters 7 & 8 – online material Seminar Analysis and Application Assignment- John Doe’s problemsPaper

5 th Amendment No 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.

5 th Amendment Double Jeopardy Right against self incrimination Right to Remain Silent Miranda Rights are a judicially created protection of the right Right of Due Process

5 th Amendment Police 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?

DUI cases Right to refuse breath blood test under 5 th Amendment? Is it testimonial evidence? Driving is a privilege- implied consent laws Refusal 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?

6 th Amendment In 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.

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

Sixth Amendment 1932 – 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?

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.

Sixth Amendment 1972 – 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”

Sixth Amendment Defendant 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

6 th Amendment Right of Confrontation Right to be physically present unless waived or forfeited- Critical stage Trial in Absentia Mentally c0mpetent to stand trial Live testimony of physically present witnesses Right to cross examine witnesses Why is this important?

6 th Amendment- Compulsory Process Right to present Evidence Offer testimony of witnesses and compel their attendance Police informants- transactional witness Right of confrontation Cannot restrict defense from submitting a evidence or a defense to the charges

Unit 5 – Midterm Week Midterm Exam NO Quiz or Seminar next week