Chapter 14

 Sixth Amendment – right to a jury trial  All federal & state courts  Jury are not used very often  Most cases are settled by plea bargaining

 Minor cases – jury trial are not required  Defendant can waive his/her rights to a jury trial  Waive  Waive – give up  Defendants can have the option of a bench trial  Judge acts as judge & jury

 Jury panels are selected by:  Voter registration  Tax lists  Driver’s license

 Federal courts – juries consists of 12 members  Must receive a unanimous verdict before finding a person guilty  Many states use 12 person jury  12 person jury is not required by the Constitution

 Supreme Court requires only 6 jurors  Unanimous verdicts is not required in state courts  Racial discrimination in jury selection has been problematic in the nation’s courts  Peremptory challenges  Peremptory challenges – lawyer can dismiss a juror without giving any reason why  Judge must decide between prosecutor & defendant in maintain a fair jury

 Appellate courts usually side with the trial judge on matters of jury selection

 Sixth Amendment – right to a speedy trial in criminal cases  Constitution does not define speedy  Federal & some state courts – set time limits within which a case must be brought to trial  If the defendant does receive a speedy trial the case may be dismissed  Most defendants waive their right to a speedy trial

 Defendants have the right to call witnesses  Some witnesses don’t want to get involved  Compulsory process for obtaining witnesses is a subpoena  Subpoena  Subpoena – court order requiring the witness to appear in court to testify

 Sixth Amendment – right of the accused to confront the witnesses against & to cross- examine  Right can be restricted if the defendant becomes disorderly or disruptive contempt of court  Defendant can be cited for contempt of court – any act to embarrass, hinder, or obstruct the court

 Extreme cases the defendant is bound & gagged  Modified for child witnesses  Use closed-circuit television cameras  Keep the defendant & child witnesses apart

 Fifth Amendment – freedom from self- incrimination  Cannot be forced to testify against yourself in a criminal trial

 Prosecution cannot make reference to the defendant’s refusal to testify  Once the defendant takes the witness stand he/she is fair game for the prosecution

 Some witnesses are granted immunity in exchange for their testimony  Immunity  Immunity – protection from prosecution & being sued

 A witness with immunity must answer all questions  Even questions that are incriminating  Prosecutors use immunity to force codefendants to testify against each other

 Sixth Amendment – right to legal counsel in all criminal cases  1938 Supreme Court – federal courts must appoint attorneys for indigent defendants  1963 Gideon v. Wainwright – all state courts must provide attorneys for indigent defendants

 1972 Supreme Court – no defendant can be jailed unless given the opportunity to be represented by an attorney (felony & misdemeanor)  Basic idea of a fair trial  Prosecutor – lawyer  Defense attorney - lawyer

 Defendants have a choice of a private lawyer or public defendant  Public defendant usually represent poor people in criminal cases  Critics say private lawyer are better at winning cases than public defendants

 State cannot appeal once the defendant is acquitted of the crime (double jeopardy)  Guilty verdict leads to sentencing  The defendant can ask the judge to:  Overturn the verdict  Enter a verdict of not guilty mistrial  Declare a mistrial – ask for a new trial  These strategies are rarely successful

 Defendant can appeal to a high court  Defendant can challenge the conviction or sentencing  Need a different lawyer  Trade in trial lawyer for appellate lawyer

 To start the appeals process: 1. Defendant files a notice of appeal 2. Forewarns the prosecution & appellate court 3. Appellate court sets the schedule 4. Legal briefs for both sides 5. Defendant focuses on errors during the trial 6. State replies to this accusations

 Possible errors:  Ineffective assistance of counsel  Improperly admitting evidence  Giving the jury the wrong set of instructions  Improper use of sentencing guidelines  And others  New information is not presented at the appeal

 Trial courts determine questions of fact  Appellate courts determine questions of law petitionerappellant  The defendant (petitioner or appellant) must show serious errors of law  Minor legal errors will not over turn the case

 Defendant may apply for a writ  Writ  Writ – order from higher court to lower court or government official habeas corpus  Writ of habeas corpus – defendant is held illegally & request release  Filing a writ doesn’t mean that the court will grant the request