Early English trials - group of people attest to accuseds honor
and innocence or torture by water or fire, if survive considered
innocent;
- Magna Carter 1215 - granted freemen right to trial by
peers
3. CONSTITUTIONAL RIGHTS PERTAINING TO CRIMINAL TRIAL
6th Amendment right to impartial jury included to prevent the
English type secret trial done by Star Chamber;
right to jury trial applies to states thru 14th
4. RIGHT TO COMPULSORY PROCESS
subpoena power to obtain witnesses for the defense
5. RIGHT TO PUBLIC TRIAL
right to a speedy and public trial means a trial in which the
public can attend;
First amendment right to press and public to attend trial;
no defendant right to a private trial;
6. RIGHT TO TRIAL BY JURY
serious crimes (punishment involves more than 6 months in
prison) defendant can request a jury trial;
defendant can waive right in opening court;
government cannot request a jury trial;
7. JURY REQUIREMENTS
Anonymous Juries: normally members of jury are known; it
special cases may be proper to keep members of jury unknown;
Composition of Jury Trial: common law juries were 12 persons;a
jury of less than 12 found constitutional; 6 minimum okay for
misdemeanors;
Jury verdict:most states requireunanimous;U.S. Supreme Court
held that none unanimous is okay in 12 person jury but not in 6
person jury
8. RIGHT TO COUNSEL
every defendant has right to represent self prose - on own
behalf;
Judge has to determine that defendant understands how to
conduct a trial and must knowingly and voluntarily waive
right;
Judge has discretion to appoint stand by counsel to assist
defendant;
Defendant has right to conflict free counsel and right to
confer with counsel during the trial;
9. JURY SELECTION
state and federal statutes have juror qualifications: 18 and
registered voters, drivers license list;
Venire: body of persons summoned for jury duty
Voir Dire: the questioning of prospective jurors as to whether
they should be on the jury;
10. VOIR DIRE
questioning done by trial judge and or attorneys;
members of venire who are not selected after questioning are
excused for cause or peremptorily;
11. .PEREMPTORY CHALLENGES OF JURORS
not selecting a prospective juror without stating a
reason;
each side has a limited number of challenges;
Race based challenges - court ruled violation of 5th equal
protection to excuse a person because of his or her race;
Batson violation
Gender based challenges - also improper to excuse a person
because of sex
12. FREE PRESS VERSUS FAIR TRIAL
1st amendment right for press and public to attend trials, that
right can not deprive a defendant of a fair trial
Sheppard case Supreme court found that publicity before and
during the trial denied defendant of a fair trial where the jury
was subjected to news stories;
13. IN THE COURTROOM
federal courts still do not allow cameras in courtroom, while
most states do now (not Illinois)
respect for the courtroom is required by all parties order in
the court
court can use its various methods to keep order in the
courtroom - contempt power, removal of defendant,physically
restraining the defendant
14. BEHAVIOR OF COUNSEL
lawyers are required:
- follow legal and ethical rules
- follow trial procedures
- follow courtroom decorum
Failure to follow rules can result in contempt citations,
reports to bar assocs.
15. RULES OF EVIDENCE
The rules regarding how and what type of evidence is admitted
at trial
JUDICIAL NOTICE: facts of general knowledge
PROOF BEYOND REASONABLE DOUBT: highest burden of proof, moral
certainty of; no set definition
16. EVIDENTIARY PRESUMPTIONS
irrebuttable presumption: taken as true
permissive : one proven fact, can be used to infer another fact
it connect is rational
17. SIMILAR FACT EVIDENCE
facts similar to the facts in the offense charged are
admissible if relevant and probative: other crimes
Relevancy must be relevant to offense to be admissible
18. CLASSIFICATIONS OF EVIDENCE
Real: physical such as weapons, contraband, blood,
clothing
Direct : eyewitness
Indirect: circumstantial
Testimonial: sworn statements from witnesses
19. WITNESS COMPETENCY
competency is presumed unless young child, mental incompetent
person
EXPERT WITNESSES - one who is expert in a field: forensic,
psychologist, etc.
20. HYPNOTICALLY ENHANCED TESTIMONY -- not considered reliable
POLYGRAPH EVIDENCE - lie detector results are not considered
reliable so not admissible to prove true of matter
21. SCIENTIFIC EVIDENCE IN COURTROOM - must be found reliable
under Frye or Daubert test DNA EVIDENCE - genetic fingerprinting,
considered admissible
22. OBJECTIONS
the request by counsel to the judge to find that the evidence
being offered should not be considered by the trier of fact
general - goes just to relevancy
specific - made on other evidential reasons - hearsay,
privileged
23. EVIDENCE TYPES
Hearsay: out of court statement offered in court by another for
the truth of the matter asserted;
Best Evidence: original documents are required
Opinion: can not give an opinion not based on personal
knowledge
24. PRIVILEGED COMMUNICATIONS
because of a certain recognized relationships
conversations/statements made can not be introduced at trial
Attorney-client
Marital
Clergy
Doctor-patient when made for purpose of treatment
25. TRIAL PROCESS
trial judge: umpire of trial and or trier of fact, rules on
what is the law, controls the courtroom;
state: present witnesses and has duty to be fair to defendant
also
Defense: cross-examine states witnesses and hold state to its
burden;
Motion to exclude witnesses: only defendant may be present when
witnesses testify;
26. OPENING STATEMENTS
information given to jury as to what the evidence will be in
the case; not done much in bench trials
27. PROSECUTION CASE
state/government has burden of proving guilt beyond a
reasonable doubt so have to present evidence through witnesses,
stipulations as to elements of offense;
28. RIGHT TO CONFRONTATION & CROSS-EXAMINATION
defendant has constitutional right to have any witnesses give
their testimony in his presence and to question the witnesses as to
their knowledge, bias, motive, etc.
Questioning of Witnesses: leading only on cross exam
Impeachment: attacking the credibility of the witness
29. DEFENSE STRATEGY IM MOVING FOR JUDGMENT OF ACQUITTAL
after state has presented its case, if believe state has not
met its burden of proof will ask court to find accused not
guilty;
30. DEFENSE CASE
no duty or burden to present witnesses but can do so; will need
to do so when presenting certain defenses, such as alibi;
defendant has a right to testify on his own behalf, makes
himself subject to cross exam by state;
31. REBUTTAL
state can call witnesses to rebut testimony from defendant
witnesses;
32. CONDUCT OF JURY DURING TRIAL
duty to listen to all the evidence and not decideas to guilt or
innocent until instructed by judge to do so
33. CLOSING ARGUMENTS
the evidence presented at the trial is reviewed and inferences
are suggested to the trier of fact - jury or judge;
state can not make improper remarks, can result in new trial
for defendant
34. JURY INSTRUCTIONS CONFERENCE
the elements of the offense and the rules regarding how the
jury is to consider certain evidence is written out and both sides
must meet with judge to agree as to the instructions; any
instructions given that are wrong and objected to by the defendant
could result any a conviction being reversed on appeal;
defense has right to instruction of his defense;
35. JURY INSTRUCTIONS
The written instructions are read to the jury by the judge
general instructions, elements of offense (s) charged,
defenses, verdict forms;
jury only determines guilt or innocent in most states in
non-capital cases
For capital cases, defendant can choice to have a jury
determine if he should receive death sentence;
after jury instructions are read, alternates are released and
do not deliberate;
36. JURY DELIBERATIONS & VERDICT:
first duty of jury is to select a foreperson;
given written copy of instructions and any admitted
exhibits;
jury deliberates in private and secret; if necessary can
sequester jury
37. DEADLOCKED JURY
if jury is unable to reach a verdict, judge can read a special
instruction called ALLEN Charge in an attempt to get the jury to
read a verdict or dismiss the jury and declare a mistrial;
38. VERDICT
jury must be unanimous in most states; verdict reached read in
open court;
if guilt, defendant maybe taken into custody or allowed to
remain on bail until sentencing;
if found not guilty, defendant is released
POLLING THE JURY- state or defense may request that each juror
state in open court that it is his/her verdict
39. POSTTRIAL MOTIONS
motion for new trial;
done before sentencing, defense writes out and argues the
errors that occurred at trial and that defendant entitle to a new
trial
