2.  Bill of Rights  Rights apply in both state and federal criminal proceedings  Required by Constitution, not state/federal law 2UNT in partnership with TEA, Copyright ©. All rights reserved.

3.  Probable Cause  Search Warrant  Unreasonable Searches and Seizures Evidence seized in an illegal search can be suppressed at trial. 3UNT in partnership with TEA, Copyright ©. All rights reserved.

4.  Grand Jury  Double Jeopardy  Self-incrimination  Due Process Accused does not have to testify against his or her self. 4UNT in partnership with TEA, Copyright ©. All rights reserved.

5.  Can the defendant refuse to take the stand and testify? ◦ Yes 5UNT in partnership with TEA, Copyright ©. All rights reserved.

6.  Under what circumstances can a witness be compelled to testify? ◦ If the statute of limitations has run out on the crime ◦ If the witness has been acquitted or convicted and therefore can’t be re-prosecuted ◦ If the witness is granted immunity from prosecution 6UNT in partnership with TEA, Copyright ©. All rights reserved.

7.  Successive prosecution of a defendant for the same offense by the same jurisdiction  When does the prohibition against double jeopardy apply? ◦ In a jury trial, when a competent jury has been sworn ◦ In a bench trial, when the first witness has been called and sworn  If a charge is dismissed before either stage is reached, the defendant may be charged and tried again. 7UNT in partnership with TEA, Copyright ©. All rights reserved.

8.  When is the right deemed to have been waived? ◦ When a conviction is set aside on appeal ◦ Hung juries ◦ Mistrials ◦ New evidence which alters the “offense” or sentence 8UNT in partnership with TEA, Copyright ©. All rights reserved.

9.  Criminal Prosecutions  Jury Trial  Speedy and Public Trial  Right to Counsel  Right to Confront Witness 9UNT in partnership with TEA, Copyright ©. All rights reserved.

10.  Do juries have to be 12 members? Is it a constitutional right? ◦ Williams v. Florida (1970) – Answered NO ◦ Some state laws require it 10UNT in partnership with TEA, Copyright ©. All rights reserved.

11.  Jury must have 6-12 members  Does this depend on the offense? ◦ No, unless a capital case  Court has never stated they required 12- member juries for capital cases, but assumed they would 11UNT in partnership with TEA, Copyright ©. All rights reserved.

12.  When do you have a right to a trial by jury? ◦ Baldwin v. New York (1970) – when the sentence imposed can be more than 6 months imprisonment ◦ Does not matter what sentence is actually imposed 12UNT in partnership with TEA, Copyright ©. All rights reserved.

13.  Juveniles do not have a constitutional right to a trial by jury, but states can grant them this right 13UNT in partnership with TEA, Copyright ©. All rights reserved.

14.  No set time limit that a trial must be held, it just must be free from unnecessary and unwanted delay  Some states have speedy trial laws which mandate trials within a certain number of days, otherwise charges are dismissed 14UNT in partnership with TEA, Copyright ©. All rights reserved.

15.  When does the right apply? ◦ Whichever of these two come first  After a person has been formally charged with a crime  After arrest 15UNT in partnership with TEA, Copyright ©. All rights reserved.

16.  In deciding whether a right has been violated court looks at (Barker v. Wingo 1972): ◦ 1) Length of delay ◦ 2) Reason for delay ◦ 3) Defendant’s assertion or nonassertion of rights ◦ 4) Prejudice to the defendant 16UNT in partnership with TEA, Copyright ©. All rights reserved.

17.  When does a person have a right to be represented by counsel? ◦ At every critical stage of the criminal proceeding 17UNT in partnership with TEA, Copyright ©. All rights reserved.

18.  When does the right to counsel apply? ◦ Custodial Interrogations ◦ Post indictment Lineups ◦ Preliminary hearings ◦ Trials ◦ Sentencing 18UNT in partnership with TEA, Copyright ©. All rights reserved.

19.  For what offenses does a person have a right to court-appointed counsel during trial? (also applies to plea bargaining) ◦ 1) All felonies ◦ 2) Misdemeanors if facing a possible jail sentence and actual confinement is imposed 19UNT in partnership with TEA, Copyright ©. All rights reserved.

20.  Allows the accused to challenge the accusations of a witness  Allows the judge or jury to determine the credibility of the witness  Opportunity to impeach a witness 20UNT in partnership with TEA, Copyright ©. All rights reserved.

21.  Jury Trials in Certain Civil Cases ◦ Common law ◦ Amount in controversy over $20 21UNT in partnership with TEA, Copyright ©. All rights reserved.

22.  Excessive Bail or Fines  Cruel and Unusual Punishments Is capital punishment cruel and unusual punishment? 22UNT in partnership with TEA, Copyright ©. All rights reserved.

23.  Privileges and Immunities  Due Process  Equal Protection 23UNT in partnership with TEA, Copyright ©. All rights reserved.

24.  Publicity surrounding the trial must not be such that it unduly influences the jury  A person must be convicted solely on the basis of evidence admitted at trial  Not that they have not heard anything from the media, but that they are not prejudiced (have not already formed an opinion) 24UNT in partnership with TEA, Copyright ©. All rights reserved.

25.  The United States Bill of Rights http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html  The Courts and Criminal Procedure, Instructional Materials Service, Trade and Industry Education  Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe  Our Rights (1st Edition), David Bodenhamer http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329 http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329  The Annenberg Classroom http://www.annenbergclassroom.orghttp://www.annenbergclassroom.org  FindLaw http://www.findlaw.comhttp://www.findlaw.com  Justice Learning http://www.justicelearning.orghttp://www.justicelearning.org UNT in partnership with TEA, Copyright ©. All rights reserved.25