1. Criminal Justice Process: The Trial
Chapter 14
Criminal Justice Process: The Trial

2. Stop… and Think!
(Mark Spitz Level) Recall how many people make up a jury and the importance of a jury…
(Paavo Nurmi Level) Predict what due process of law means and its importance in trials…
(Larisa Latynina Level) Compare what images come to mind when you think of movies and tv shows that portray trials or scenes from trials…
(Michael Phelps Level) Connect the last two chapters about the criminal justice process and hypothesize why many people just take a plea bargain...

3. Due Process
The idea of Due Process of law, or fair procedures, means little to the average citizen unless and until he or she is arrested and charged with a crime
Due Process is the idea stated in the Fifth and Fourteenth Amendments that every person involved in legal dispute is entitled to a fair hearing or trial
The requirements of due process vary with the situation, but they basically require notice and an opportunity to be heard

4. Right to Trial by Jury
Trials by jury are guaranteed in criminal trials by the 6th Amendment but juries are not required in every case
For example: Defendants can waive, or give up, their right to a jury trial and get their trial heard by a single judge

5. Jury Panels
Jury panels are selected from voter registration or tax lists and are supposed to be generally representative of the local community.
In some places, juries are selected by driver’s licenses rolls
Most states have 12 jurors, with 4 alternates, but that’s not an “official” law on the constitution

6. Jury Panels
Juries must have at least 6 jurors: as required by the Supreme Court
Juries must reach a unanimous decision for a verdict of guilty
Some states require a unanimous decisions but others can have mixed verdicts in state criminal trials

7. Jury Selection
Once the potential jurors for a case are assembled, the prosecutor and defense lawyer select members of a jury through a process called Voir Dire
This is the process by which lawyers select certain jurors to hear a case
They do this by asking prospective jurors questions to determine a possible bias

8. Jury Selection
Either lawyer can request that a potential juror be eliminated for some reason by using a for-cause challenge
An example of a for-cause challenge would be if the perspective juror knew the defendant or the victim in the case

9. Jury Selection
Each side gets a limited number of peremptory challenges, which do not have to be based on a specific reason.
Each side can even hire consultants who can help them select favorable jurors for their side

10. 6th Amendment
The 6th Amendment to the US Constitution provides “a right to a speedy trial in all criminal cases”
But again, what is a problem with this amendment?
“Speedy” is not defined by the document

11. 6th Amendment
To rectify this problem, the federal government and states have passed laws that set specific time limits within which a case must be brought to trial
If a defendant does not receive a speedy trial, they can be let go free… Why?
No evidence, no witnesses, no probable cause etc…

12. Jury Nullification
Jury Nullification is when juries themselves, consider a law unjust and refuse to convict a defendant because they do not believe in that law
Examples include:
People hiding runaway slaves in the 19th Century
Segregation/ Civil Rights Crimes
Other laws seen by the public as not necessary

13. Stop… and Think!
(Joffrey Level) Recall and List all the reasons why jurors would be dismissed from jury service…
(Hodor Level) Summarize the different reasons for dismissal of jurors before or during the trial…
(Arya Level) Develop a logical argument why jury selection is a necessary process that works for both the prosecution and defense…
(John Snow Level) Synthesize all these ideas about jury selection and create another reason for nullifying or dismissing a juror for our modern day world…

14. Subpoenas
Defendants in criminal cases have a right to compulsory process for obtaining witnesses
This means the defendant can get a subpoena, or a court order, which requires a witness to appear in court to testify.
Without this basic right, defendants would have great difficulty establishing a defense

15. Sixth Amendment… Again?!?!
Here, the 6th Amendment also comes into play…
It states that people accused of crimes have the right to confront the witnesses against them and ask them questions by way of cross-examination
This can be limited, via Supreme Court rulings, if the defendant becomes disorderly or disruptive. And when this happens…

16. Contempt of Court
If a judge must remove a defendant, or person from court, because they are disorderly or disruptive, the judge has the power to find that person in Contempt of Court
Contempt of Court is any act to embarrass, hinder, or obstruct the court in the administration of justice
In extreme cases, a judge can have the defendant bound and gagged… and that CAN’T BE GOOD!!!

17. Freedom from Self-Incrimination
The 5th Amendment says how you cannot testify against yourself in trial, or self incriminate yourself
Related to the right against self- incrimination is the concept of immunity
Immunity means that a witness cannot be prosecuted based on the information provided in a testimony

18. Immunity continued…
A person with immunity must answer all questions- even those that are self incriminating
Prosecutors often use immunity laws force people to testify against codefendants or others involved in the crime

19. Right to an Attorney
As well as being a Miranda right, this is a right in the US Constitution in the 6th Amendment
However, one was not provided to people with public money to indigent defendants, or people who cannot afford an attorney, in all federal felony cases until 1938
Gideon v Wainwright was Supreme Court case which extended this to all State Felony cases

20. Criminal Appeals
If the jury returns a “not guilty” verdict this is normally the end of the case
The 5th Amendment prevents Double Jeopardy where a defendant cannot be prosecuted for the second time for the same offense after either an acquittal or conviction
A verdict of “guilty” has sentencing to follow.

21. After the “final” judgment…
The defendant can ask the judge to overturn the jury’s verdict and enter a verdict of not guilty
Or…
He or she can ask the judge to set aside the jury’s verdict, declare a mistrial, and ask for a new trial
A mistrial (In this instance)can be due to jury prejudice, the trial took too long, deadlock of a jury, etc…

22. Appeals Court
The defendant can also challenge either the conviction or the sentencing decision
They may want to hire an appeals lawyer because the process is different
In order to win an appeal the defendant, now called the petitioner or appellant, must convince the appeals court that there were serious errors of law made at the original trial

23. Writ of Habeas Corpus
In addition to appeals, the defendant may apply for help by seeking a writ, which is an order from a higher court to either a lower court or to a government official such as the warden of a jail or prison
The writ of habeas corpus claims that a defendant is being held illegally and requests release