1. Chapter 14 – Criminal Justice Process: The Trial

2. Right to Trial by Jury 6 th Amendment – right to a jury trial in criminal cases Applies to all federal and state cases A jury is not required in every case – juries are not sued very often Most criminal cases are resolved by guilty pleas before every reaching trial Jury trials are also not required for certain minor offenses – generally those punishable by less than six months in prison Defendants can waive (give up their right to a jury trial) and instead have their cases heard by a judge (bench trial) Jury Panel – selected from voter registration or tax lists Federal courts – 12 person juries & reach an unanimous decision State Courts – require 6 juries, but may have more & unanimous decision in criminal cases Voir Dire – process by which lawyers select certain jurors to hear the case For-Cause Challenge – lawyers can request that a potential juror be eliminate for some specific reason Peremptory Challenges – lawyers can request that a potential juror be eliminate without a specific reason

3. Right to a Speedy and Public Trial 6 th Amendment – provides a right to a speedy trial in all criminal cases Constitution does not define speedy and courts have had trouble deciding what this means To remedy the problem, the federal and some state governments have set specific time limits within which a case must be brought to trial Without the right to a speedy trial, an innocent person could await trial in jail for years If a person does not get a speedy trial the case could be dismissed However, defendants often waive their right to a speedy trail because of the unavailability of an important witness or because they need more time to prepare their cases Before dismissing a case, courts will consider the cause and reasons for the delay and whether the defendant was free on bail or in jail during the pretrial period

4. Right to Compulsory Process and to Confront Witnesses Subpoena – court order that requires a witness to appear in court to testify Contempt of court – judge’s power to remove the defendant from the courtroom and in extreme cases the defendant bound and gagged 6 th Amendment – provides people accused of crimes with the right to confront the witnesses against them and to ask them questions by way of cross-examination In some cases this is modified for children, especially abuse cases – courts install closed-circuit television cameras and this enables the child to testify on camera in a room separate form the one in which the defendant is located and reduces the potential for additional harm to the child Defendant has the right to be in the court room in all stages of the trial however, this right may be restricted if the defendant becomes disorderly or disruptive

5. Freedom from Self-Incrimination 5 th Amendment – cannot be forced to testify against yourself in a criminal trial Defense attorneys may counsel their clients not to take the stand for their own protection Prosecutor is forbidden to make any statement drawing the jury’s attention to the defendant’s refusal to testify A defendant does not have to answer an inappropriate question if his/her attorney objects to it and the judge sustains (agrees) with that objection Immunity – a witness cannot be prosecuted based on information provided in a testimony Person must answer all questions – even those that are incriminating Prosecutors often us immunity laws to force people to testify against codefendants or others involved in the crime

6. Right to an Attorney 6 th Amendment – “in all criminal prosecutions, the accused shall enjoy the right to…have the assistance of counsel for his defense” 1938 – Supreme Court decided a case that said all people accused of a crime, even those without financial means, should be allowed to have a lawyer 1963 – Gideon vs. Wainwright – Court extended the right to counsel to all felony defendants, whether in state or federal courts 1972 – court extended this ruling by requiring that no imprisonment may occur unless the accused is given an opportunity to be represented by an attorney Criminal defendants who cannot afford an attorney have one appointed to them free of charge by the government – lawyers can be public defenders or private lawyers

7. Criminal Appeals Double Jeopardy – a defendant cannot be prosecuted a second time for the same offense after either an acquittal or a conviction Mistrial The termination of a trail before its normal conclusion because of procedural error Statements by a witness, judge, or attorney which prejudice a jury A deadlock by a jury without reaching a verdict after lengthy deliberation (hung jury) The failure to complete a trial within the time set by the court Petitioner/Appellant – defendant that appeals their case to the appeals court Writ – order form a higher court to either a lower court or to a government official Habeas corpus – directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the prisoner is being held lawfully