1. 5 th Amend. Cont. 6 th Amendments Weeks 8--

2. 5 th Amendment Due Process Double Jeopardy –Jeopardy attaches when jury sworn in or first witness called –Does not apply to different jurisdictions –Does not apply to appeals & retrials Grand Jury Indictment –Federal courts—required –State courts—alternative use of prelim

3. 6TH AMENDMENT SPEEDY TRIAL PUBLIC TRIAL IMPARTIAL JURY JURY FROM STATE AND DISTRICT OF CRIME INFORMED OF NATURE OF CRIME CONFRONT WITNESSES COMPEL WITNESSES TO TESTIFY ASSISTANCE OF COUNSEL

4. SPEEDY TRIAL BEFORE ARREST STATUTE OF LIMITATIONS NO UNNECESSARY DELAY AFTER ARREST FIRST APPEARANCE TRIAL (CALIF. RULES) »MISDEMEANOR: 30/45 DAYS »FELONY: PRELIM: 10 COURT DAYS; TRIAL: 60 DAYS FROM SUPERIOR COURT ARRAIGNMENT

5. PUBLIC TRIAL COURTROOM NOT CLOSED DOES NOT GUARANTEE RIGHT TO PRESS (1ST AMENDMENT) DEFENDANT’S RIGHT NO RIGHT TO HAVE CAMERAS DOES NOT APPLY IN JUVENILE CASES

6. IMPARTIAL JURY CALIFORNIA JURY SELECTION PROCESS DMV/VOTER REGIS KNOWLEDGE OF FACTS/PARTIES DOES NOT AUTOMATICALLY DISQUALIFY FAIRNESS IS THE ISSUE

7. VENUE TRIAL IN COUNTY/DISTRICT OF CRIME GUARANTEES JURY FROM STATE AND DISTRICT OF CRIME VENUE CAN BE CHANGED AT DEFENDANT’S REQUEST

8. INFORMED OF CRIME TAKES PLACE AT ARRAIGNMENT

9. RIGHT TO CONFRONT WITNESSES RIGHT TO USE SUBPOENAS

10. ASSISTANCE OF COUNSEL ISSUES: RIGHT TO COURT APPOINTED COUNSEL WHEN RIGHT ATTACHES COMPETENCY OF COUNSEL RIGHT ON APPEAL

11. RIGHT TO COUNSEL 6TH AND 14TH AMENDMENT RIGHTS INCLUDES COURT APPOINTED FOR INDIGENTS POWELL V. ALABAMA BETTS V. BRADY GIDEON V. WAINRIGHT IN CALIF. APPLIES TO MISD. AND FELONIES

12. RIGHT TO COUNSEL EFFECTIVE COUNSEL DOES ATTACH BEFORE COURT PROCEEDINGS BEGIN DUTIES AND ETHICAL CONCERNS: ZEALOUS REPRESENTATION

13. Pretrial Proceedings-- Misdemeanor Arraignment Pretrial Hearing Trial

14. Pretrial Proceedings--Felony Complaint Filed Arraignment Preliminary Examination –Information filed Second Arraignment Motions Trial Or Grand Jury and Indictment

15. METHODS OF PROOF DIRECT EVIDENCE IF BELIEVED, PROVES THE FACT IN DISPUTE USUALLY THE EYE WITNESS CIRCUMSTANTIAL EVIDENCE FROM WHICH INFERENCE IS DRAWN E.G. BLOOD, FINGERPRINTS,

16. METHODS OF PROOF JUDICIAL NOTICE FACTS THAT ARE COMMON KNOWLEDGE DO NOT HAVE TO BE PROVEN PRESUMPTIONS CONCLUSIVE OR REBUTTABLE STIPULATIONS AGREEMENTS

17. CRIMINAL PROCEDURE CONCEPTS BURDEN OF PROOF DUTY TO PRODUCE EVIDENCE OF THE CRIME PROOF BEYOND A REASONABLE DOUBT JURISDICTION AUTHORITY TO HEAR CASE PLACE--CONSTITUTIONAL RIGHT TIME--STATUTE OF LIMITATIONS

18. CRIMINAL PROCEDURE CONCEPTS ELEMENTS OF CRIME MUST BE PROVED SUSPECT MUST BE IDENTIFIED CAN BE BY CIRCUMSTANTIAL EVIDENCE

19. Trial Procedure Jury Selection—Voir dire Preliminary Instructions/Reading Accusation Opening Statements Prosecutor’s Case in Chief Defense Rebuttal Arguments Instruction

20. Evidence Direct vs. Circumstantial Testimony Documentary “Real Evidence” Demonstrative Judicial Notice Stipulations

21. Possible Verdicts Guilty Acquittal Hung Jury

22. Sentencing Concurrent Consecutive Determinate v. Indeterminate Death Penalty Cases Probation Restitution Registration

23. Alternative Sentences Work Furlough Treatment Community Service Home Detention

24. Parole Early Release (Text book incorrect)

25. Post Conviction Remedies Appeal Habeas Corpus Executive Clemency

26. Juvenile Proceedings No Jury Trial No Public Trial Sentencing