CJP – The Trial

1. CJP – The Trial

2. Right to Trial by Jury When are juries used? • 6th Amendment • Juries are not required for offenses punishable by less than 6 months in jail. • Defendant can waive their right and have a bench trial

3. How a Jury is Selected Selected from: • Voter Registration • Tax Lists • Driver’s License • Attorney’s cannot exclude someone based on race or gender • Supreme Court only requires 6 Jurors

4. Excluding Jurors Peremptory Challenge – when an attorney asks the court to exclude a particular juror without giving a reason. • If defendant can make a case of racial bias by a prosecutor, the prosecutor must prove a race neutral reason for peremptory exclusion.

5. Speedy and Public Trial • 6th Amendment • Const. does not define “speedy”, courts have had a hard time deciding its meaning. • States typically decide the meaning. • Defendants often waive this right • Why?

6. Witnesses • Defendants have a right to compulsory process for obtaining a witness. • Subpoena • Helps defendant establish a case • 6th Amendment – right to confront your accuser • Ask questions by way of cross examination • Right to confrontation is sometimes modified for child witnesses • Contempt of Court

8. Self Incrimination • 5th Amendment • Prosecutor cannot make any statement drawing the jury’s attention to the defendant’s refusal to testify. • Defendants also have the right to testify if they wish. • Defense Attorney often counsel clients, and can object to inappropriate questions.

10. Self Incrimination Immunity • Witness cannot be prosecuted based on any information provided in a testimony • Based on a deal with the District Attorney. • Must answer all questions • Prosecutors use these laws to force people to testify against codefendants.

11. Public Defender • May either be private or public • Public defender’s office is supported by the government. • Represent poor people in criminal cases • Paid a lot less than private attorney’s

12. Criminal Appeals • “Not Guilty” – typically the end of the case • Prosecution cannot appeal • “Guilty” – Sentencing will follow • Defendant can ask the judge to overturn the jury’s verdict or declare a mistrial • Or Appeal to a higher court. • Can challenge the conviction or the sentencing decision

13. Order of Events • Appeal must be filed shortly after the final judgment • Lets the prosecution and court know • Appellate court sets the schedule, which involves the preparation of legal briefs

14. Briefs • Short statements from each lawyer about the case. • Defendants – states the alleged error of law • States Reply – response to those arguments. • Typical Possible errors • Ineffective assistance • Improperly admitted evidence • Jury had wrong instructions • Improper use of sentencing guidelines.