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5 th Amend. Cont. 6 th Amendments

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

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5 th Amend. Cont. 6 th Amendments

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

  2. 5th 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. 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 6TH AMENDMENT

  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

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