The Criminal Trial

1
The Criminal Trial

• Chapter 13

2
The 6th Amendment

• Right to a speedy and public trial
• Legal rights during the trial (p. 490)
• right to confront witnesses -- important because
  it restricts and controls admissibility of
  hearsay evidence
• confront those who testify against you (except
  children) Coy v. Iowa (p. 491)

3
The 6th Amendment

• Rights during a trial continued
• right to a jury trial choose between a judge and
  a jury
• jury trial not an absolute (Duncan v. Louisiana
  and Baldwin v. New York)
• Jury size (Williams v. Florida p. 492)
• Unanimous? (Apodica v. Oregon p. 493)
• right to counsel (quality of counsel - p. 494)

4
The 6th Amendment

• Legal rights continued
• right to self-representation
• right to counsel -- p. 496 figure 13.1
• right to a speedy trial (497) Klopfer v. North
  Carolina (p. 497) speedy trial act of 1974 (p.
  498) US v. Taylor 1988 (p. 498)

5
Press v. Fair Trial

• Who has the greater right?
• Press
• defendant
• Nebraska Press Assn. v. Stewart (p. 500)
• Gannett Co. v DePasquale (p. 500)
• Press Enterprise Co. v. Superior Court (p. 500)

6
Press v. Fair Trial

• Right to a public trial
• Supreme Court interpreted the 1st amendment and
  state press and public have a right
• basic right was to protect the public from secret
  trials (p. 503 - analyzing issues)
• States make final decisions
• Not allowed in Federal Courts

7
The Trial

• Jury Selection
• tax or voter records
• screened for possible exceptions
• voir doir
• challenge for cause (p. 505)
• peremptory challenge (Batson v. Kentucky p. 507)

8
The Trial

• Opening statements (p. 510)
• Prosecutor introduces case
• Defense does the same
• Not used in a bench trial
• Not a long statement

9
The Trial

• Prosecutor
• Direct examination
• Real evidence (p. 511)
• is it relevant?
• Clear evidence control log
• photos, maps, guns, knives, etc.

10
The Trial

• Defense
• Directed verdict (p. 512)
• witnesses
• many or none
• client
• Rebuttal evidence by the prosecution
• Surrebuttal evidence by the defense
• Appeal

11
The Trial

• Standards of Proof
• absolute certainty 100
• beyond a reasonable doubt conclusive
• clear and convincing evidence

12
The Trial

• Standards of proof
• preponderance of evidence greater weight
• probable cause US Constitutional standard
• sufficient evidence adequate
• reasonable suspicion reasonable belief
• less than probable cause hunch