The Criminal Trial
Chapter 10
th 6
Amendment Protections—3 parts
“…Speedy (and public) Trial”
Unconstitutional if delays are unwarranted and prejudicial (Barker v. Wingo)
Speedy Trial Act of 1974
120 days from arrest to trial
Why do most trials not begin w/in 120 days? Defendant waives the right
th 6
Amendment Protections—3 parts
“…by an impartial jury” Requirement for felony cases Defendants right (may choose a bench trial) Size
12 jurors…historical accident Ballew v. Georgia (≥ 6 people)
Verdict
Unanimous (acquittal or conviction) in federal cases 5 states have a 9/12 provision (OK, TX, OR, MT, LA)
th 5
Amendment Protections
1. “(nor)…compelled to be a witness against himself”
Choice is not prejudicial Judges are required to explain to jury
2. “(nor) be deprived of life, liberty, or property without due process of law”
Burden of proof on the state Beyond a reasonable doubt
Jury Selection
Constitutional Basis
Article II, 6th and 7th Amendments Duty of citizens to participate
Master Jury List and Venire
Cross-section of populace “Random” and “non-prejudicial”
Requirements of Jurors
Residency
Geographic
Citizenship ≥18 years of age No felony convictions Good health Sufficiently intelligent
Are you “Sufficiently Intelligent?”
Read this sentence
"Common nontoxic varieties such as table and field mushrooms are safe to eat and can be purchased in grocery stores." What does the word nontoxic mean?
tasty harmeless expensive Poisonous
Harmless Literate is roughly equivalent to being able to read/write at an 8th grade level
Master Jury List—2 Sources
1. Voter Registration Rolls
Pros/Cons?
2. DMV lists
1. Pros/Cons?
Summons to appear in court
Questionnaire
Page 344—sample questionnaire
Questioning by attorneys
Selection of Jurors
Attorneys and judge Challenges—Cause and Peremptory Cause
Justifiable, legal reason given Judges’ decision as to impartiality
Peremptory
Subjective—no reason needed Limited in number—Felonies (5-10), Capital (10-20)
Peremptory Challenges—2 Perspectives
30 year-old white male charged with child molestation DEFENSE ATTORNEY
What type of person would you not want on the jury?
PROSECUTING ATTORNEY
What type of person would you not want on the jury?
45 year-old black woman charged with manslaughter (domestic violence)?!?!
Race and Gender Issues
De Facto Segregation
Used to exclude African-Americans Affirmed by USSC in 1965
Batson v. Kentucky (Batson Reversal)
Race may not be a factor in peremptory challenges (1986)
Women jurors—1966 (AL)
J.E.B. v. Alabama (1994)
Batson extended to gender Child-custody case
The Trial—Process
1. 2. 3. 4. 5. 6. 7. Jury is sworn in Opening Statements Presentation of Evidence Closing Statements Jury Instructions Jury Deliberation Verdict is Entered
Opening Statements
Narrative form Prosecution goes first Somewhat unstructured
No strict guidelines or limitations May not be inflammatory May only cover subjects reasonably expected to be part of the trial
Evidence—Testimonial vs. Real
Testimonial Evidence
Lay witnesses Expert witnesses
Direct Testimonial Evidence
“I saw Johnny shoot Billy”
Must be relevant (facts vs. opinions) Real Evidence
Physical objects/exhibits
Direct Examination
No leading questions allowed
“Mr. Gau, did you see Tess hit Ben with a baseball bat?”
Instead…
Q: “Mr. Gau, tell us what you observed on the night of November 12th.” A: “I saw Tess hit Ben with a baseball bat.” Q: “What type of bat did Tess use?”
Cross-Examination
Leading questions are more generally allowed Limited to what was raised in direct examination. Re-Direct and Re-Cross are allowed
End of Prosecution’s Case
Motion for Directed Verdict
Granted: judgment of acquittal is entered Denied: Defense presents their case
Defense Case
Not required (no burden of proof) Will defendant testify?
Rebuttal and Surrebuttal
Closing Statements
Defense usually goes first Summary of case
Jury Instructions & Deliberation
Judge delivers instructions Deliberation is a “mystery”
Closed-process No formal rules
12 Angry Men (1957—Henry Fonda)
NOT 1997 version with Tony Danza
The Verdict
Guilty or Not Guilty “Hung Jury”
Allen Charge “go back and reconsider the case”
Jury Nullification
When jury “nullifies” the law by reaching a verdict not supported by the law Usually involves controversy
Age Race Gender
“Nanny Murder Case”
Louise Woodward—19 years-old British nanny charged with 2nd degree murder (MA)
Defense strategy (2nd degree murder or not guilty) Jury convicts
Judge enters an involuntary manslaughter conviction
Prosecution failed to introduce evidence of intent Woodward released with time served
Appeals Process & Double Jeopardy
Appeals process only available to defense
Limited to questions of law and procedure
5th Amendment
“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb
“Exceptions”
Criminal vs. Civil Trials
O.J. Simpson murder trial
Federal vs. State Trials
Terry Nichols (Oklahoma City Bombing)