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  1. Criminal Procedure for the Criminal Justice Professional11th Edition John N. Ferdico Henry F. Fradella Christopher Totten Criminal Trials, Appeals, and Other Post-Conviction Remedies Chapter 15 Prepared by Tony Wolusky

  2. Trial by Jury • The Sixth Amendment guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. • Extended to states through the Fourteenth Amendment • Not granted to juveniles • Not for petty offenses

  3. Bench Trials • Defendants who do not wish to be tried by a jury may, with the approval of the court, waive their right to a jury trial and, instead, opt for a non-jury trial known as a bench trial. • Waiver must be voluntary, knowing, and intelligent. • In bench trials, a judge determines guilt or innocence.

  4. Jury Selection • Selecting a jury involves several steps: • Summoning the venire • The voir direprocess • Striking potential jurors for cause • Using preemptory challenges • Impaneling the petit jury

  5. Classifications of Evidence • Evidence can be classified as: • Testimonial evidence—oral testimony given under oath. • Real or physical evidence—tangible objects and traces of objects. • Scientific evidence—the formal results of forensic investigatory techniques. • Demonstrative evidence—a visual or auditory aid used to assist the fact finder in understanding the evidence (charts, maps, videos, etc.). • Judicial notice—the process whereby the trier-of-fact accepts certain facts as true without the necessity of formal proof (a “short cut” for commonly known matters).

  6. Starting Presumptions • At the onset of a trial, there are certain evidentiary “starting points.” Criminal trials start with two presumptions: • Presumption of sanity • Presumption of innocence

  7. Evidence and Burdens of Proof • Evidenceconsists of physical objects, testimony, or other things offered to prove or disprove the existence of a fact. The law recognizes two major types of evidence: • Direct evidence—first-hand evidence that does not require presumptions or inferences in order to establish a proposition of fact. • Circumstantial evidence—indirect evidence that requires inferences to be made.

  8. Burden of Proof • The burden of persuasion, more commonly called the burden of proof, is the obligation of a party to prove a fact to a certain level • Beyond a reasonable doubt • By a preponderance of the evidence • By clear and convincing evidence. • With affirmative defenses, the defendant has the burden of proof. • The government bears the burden of proof at criminal trials.

  9. Order of Evidence Presentation at Trial • Trials go through a series of steps • Trials begin with opening statements, with the prosecution going first. • Prosecutor presents its case-in-chief. • Witnesses are questioned in direct examination and possibly cross-examination. • Defense may move for acquittal or present its case. • Prosecutor may rebuttal. If so, the defense may add further evidence. • Closing arguments are made. • Jury instructions are given. • Jurors deliberate and return with a verdict (or hung jury).

  10. Sentencing • Judges typically determine sentencing according to case facts and various sentencing schemes • Indeterminate sentencing • Determinate sentencing, including mandatory sentencing • Judges may use information presented in the Pre-Sentence Investigation Report or victim impact statement to help determine appropriate sentence. • Sentences handed out at a sentencing hearing.

  11. Sentencing • What factors impact the judge’s decision on sentencing? • Do you think there are other factors that should be considered? If so, what are they?

  12. Sentencing Options • The correctional system contains several sentencing options, including: • Fines • Revocation of government-issued license • Probation • Intermediate sanctions, such as boot camp, halfway house, or work programs • Incarceration in jails or prisons, sometimes followed by parole

  13. Judgment • A judgment is the written evidence of the final disposition of the case. It is signed by a judge or the clerk of a court. A judgment of conviction sets forth the plea, the verdict or findings, and the adjudication and sentence.

  14. Post-Trial Motions • After the trial the following motions may be made: • Motion for judgment of acquittal • Motion for a new trial • Motion for revision or correction of sentence

  15. Remedies After Conviction • A defendant has two major avenues of relief after being convicted of a crime. • Appeal—Not a re-trial, but a review of the legal issues involved in the case. • Writ of habeas corpus—A challenge to the fact or duration of a prisoner’s confinement on constitutional grounds.