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The Trial

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					 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?

				
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posted:11/8/2011
language:English
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