1. Welcome to CJ227 Unit Four Seminar.
Kaplan University CJ227
CRIMINAL PROCEDURE
Welcome to CJ227 Unit Four Seminar.

2. Defendant’s Rights @ Trial
In this Seminar we will discuss:
Defendant rights: 4th, 5th, 6th Amendments
Highlight: 6th Amendment
Right to a speedy trial
Right to counsel
Right to confront witnesses

3. U.4 Class Items To Do List in U4: Read Chapters 7 and 8
Analysis & Application Paper (100 pts)
Seminar (or Weekly Topic) (20 pts)
Discussion Board - Role of Jury Trial (20 pts) PLEASE POST EARLY IN THE WEEK
Quiz (10 pts)

4. Discussion Board Reminders
For Full Points:
Primary substantive post To include ~
At least two substantive responsive posts to classmates To include~

5. Analysis & Application Checklist
READ your CHECKLIST & ask yourself the following questions.
Purpose for Writing Did you address all areas of the paper? Clear Purpose? State Major Topics clearly?
Research Current? Use Credible Sources? Responses Substantive?
Content Accurate? Comprehensive enough to address the topic?
Format Paper in Word? APA format to cite your sources correct? Check Spelling? Check Grammatical errors? Follow paper length directions?

6. Defendant Rights……
Justice Scalia, in dissent wrote:
…Due process requires the government to "turn square corners. Whenever it is applied to release a criminal deserving of punishment, it frustrates justice in the particular case, but for the greater purpose of assuring repose in the totality of criminal prosecutions and sentences.” “…A technical rule with equitable exceptions is no rule at all. Three strikes is out.
The State broke the rules here, and must abide by the result. Jones v. Thomas, 491 U.S. 376, 396 (1989)(Scalia, J., dissenting).
Society is obliged to prosecute those who break its rules, but society may not break its own rules in the prosecution process.

7. Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This Amendment protects the people from the government – the state. Protection from the improper taking of property, papers, or people, without a valid warrant based on probable cause (good reason).

8. Fifth Amendment
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
This Amendment protects people with due process guarantees from being held for committing a crime without proper indictment; to ensure people aren’t tried twice for the same crime; or forced to testify against themselves; and from property being taken without getting paid for what it’s worth.

9. Sixth Amendment
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
This Amendment guarantees a speedy trial with an impartial jury, to be represented by a lawyer, and entitles the accused to confront witnesses against them ~ sets forth rights related to criminal prosecutions.

10. 5th Amendment Due Process Grand Jury Preliminary Hearings
Double Jeopardy
Self-incrimination
Custodial Interrogation
Eminent domain

11. 6th Amendment Right to Notice of Accusation Right to Speedy Trial
Right to Public Trial
Right to Impartial Jury
Right to Confront Witnesses
Right to Counsel

12. 1) Right to Notice of Accusation
Fundamental right
Clearly informed
Sufficient details
To enable defendant to prepare defense
2) Right to Speedy Trial
Intent~to ensure the ‘prosecutorial hammer’ is not held over someone’s head for an indefinite period of time; to prevent indefinite detentions of people accused of crimes.

13. 4) Right to Impartial Jury
3) Right to Public Trial
To ensure government/state prosecutorial actions are exposed to public view;
To discourage abuses of prosecutorial power;
Not an absolute right
4) Right to Impartial Jury

14. 5) Right to Confront Witnesses
Includes three protections:
Right of confrontation
Right of cross-examination
Right to have testimony offered under sanction of oath

15. 6) Right to Counsel Right has expanded during past 80 years
At all significant phases of criminal trial
Court appointed counsel
Some states extend right to all matters when ‘defendant's liberty interest’ threatened
Right to Self-representation
Exception to self-represent

16. What did you learn tonight?

17. Final Items: Upcoming Unit
Midterm Exam – 50 Questions
(Read Rules of engagement!)
NO Seminar next week
NO Essay Paper next week U5 Extra Credit opportunity (10 pts.)
Next Seminar – Unit 6

18. Otherwise, Class is Adjourned
Questions? Comments? Concerns? REMEMBER: NO UNIT 5 SEMINAR
Next seminar: Unit 6
If you have any of the above –please stay and ask me!
Otherwise, Class is Adjourned
Have a great week!