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CJP – The Trial. Right to Trial by Jury. When are juries used? 6 th 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. How a Jury is Selected. Selected from: Voter Registration Tax Lists

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Presentation Transcript
right to trial by jury
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
how a jury is selected
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
excluding jurors
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.
speedy and public trial
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?
  • 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
self incrimination
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.
self incrimination1
Self Incrimination


  • 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.
public defender
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
criminal appeals
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
order of events
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
    • 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.