The Trial
By: Sara Kreider
&
David Fay
Steps to a Trial
• 1. Selection of a jury.
• 2. Opening statement.
• 3. Presentation of evidence and testimony
of witnesses.
• 4. Closing arguments.
• 5. Presentation of jury instructions.
• 6. Deliberation.
Right to Trial by Jury
• Right to jury in criminal cases are only
required if it’s a criminal offense.
• The jury trial can be waived if any of these
four things were to happen.
• A waive is when you lose rights to
something.
Right to Trial by Jury
• In a civil case in federal court, the right to
jury is governed by the seventh
amendment.
• In civil cases in state courts the right to
jury is governed by the states constitution
and statues.
Right to Trial by Jury
• 1. Failing to be at the trial.
• 2. Filing with a clerk written consent in person
or by attorney.
• 3. By oral consent in court as soon as you get
there.
• 4. By entering the trial before court without
objection.
Right to Speedy Trial
• Defendants in criminal cases have the
right to a speedy trial.
• The supreme court has laid down a four
part balancing test to determine whether
the defendants speedy trial has been
violated.
Right to Speedy Trial
A delay of a year or more from the date of
trial has been violated was termed
presumptively prejudicial.
But there is no absolute time limit.
A trial may be delayed to secure the
presence of an absent witness or other
considerations.
Right to Public Trial
• Public trials may be regulated to avoid
publicity that could prejudice a jury.
• The accused may also request a public
trial.
• Before they can get a public trail they have
to have probability.
Right to Public Trial
• And second reasonable alternatives to
closure can always protect the defendants
fair trial rights.
Right to Compulsory Process and
Confrontation of Witnesses
• This amendment is very important.
• It gives defendants the right to cross
examine witnesses against them.
• In Article One in the Constitution its says “
that in criminal prosecutions he accused
shall have the right to meet the witnesses
against him face to face.”
Right to Compulsory Process
and Confrontation of Witnesses
• Right to confrontation is not absolute. It
can be taken away by consent or
misconduct.
• Ex. Allen was on trial for armed robbery.
• He argued with the judge the whole time.
Right to Compulsory Process
and Confrontation of Witnesses
• Finally he was removed from the court
room.
• When the prosecution called their
witnesses, Allen was denied his
constitutional right to confront his
witnesses against him.
Freedom from Self Incrimination
• A defendant may testify or choose to
exercise his constitutional right against
self-incrimination.
• If a defendant does testify he may only be
cross-examined on what he has testified to
• Only if a defendant chooses to testify may
his past convictions be brought to the
attention of the jury.
The Seventh Amendment to the
United Sates Constitution
In Suits at common law, where the
value in controversy shall exceed twenty
dollars, the right of trial by jury shall be
preserved, and no fact tried by jury, shall
be otherwise re-examined in any Court of
the United States, than according to the
rules of common law.
Right to an Attorney
• An attorney is not required; it is your decision
whether to have one represent you.
• When your charged with an offense that may
result in jail time you need to continue with or
with out an attorney.
• If you desire an attorney but can not afford one
the court will appoint one to you.
Right to an Attorney
• Court appointed attorneys are only for
offenses that could result in jail time.
• If you plead or are found guilty to your
charge, the court can assess your fee’s as
part of court costs.
Pictures of the Jury Taking Oath
Picture of the Supreme Court
Building
Gideon vs. Wainwright
Book Questions
1. Do you think jury verdicts should be unanimous? Why or why not?
2. Do you think court appointed attorneys are as good as those who
are privately paid? Why or why not?
3. Should a defendant be allowed to handle his or her own case?
Why or why not?
4. Assume a lawyer knows that his or her client is guilty. Is it right for
the lawyer to try to convince the jury that the person is not guilty?
Why or why not?
5. Do you think that televising criminal trials is a good idea? Why or
why not?