Criminal Procedure for the Criminal Justice Professional 11th Edition

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Criminal Procedure for the Criminal Justice
Professional 11th Edition

• John N. Ferdico
• Henry F. Fradella
• Christopher Totten

Criminal Trials, Appeals, and Other
Post-Conviction Remedies Chapter 15
Prepared by Tony Wolusky
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Trial by Jury

• The Sixth Amendment guarantees a defendant in a
  criminal prosecution the right to a speedy,
  public, and impartial trial by jury.
• Extended to states through the Fourteenth
  Amendment
• Not granted to juveniles
• Not for petty offenses

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Bench Trials

• Defendants who do not wish to be tried by a jury
  may, with the approval of the court, waive their
  right to a jury trial and, instead, opt for a
  non-jury trial known as a bench trial.
• Waiver must be voluntary, knowing, and
  intelligent.
• In bench trials, a judge determines guilt or
  innocence.

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Jury Selection

• Selecting a jury involves several steps
• Summoning the venire
• The voir dire process
• Striking potential jurors for cause
• Using preemptory challenges
• Impaneling the petit jury

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Classifications of Evidence

• Evidence can be classified as
• Testimonial evidenceoral testimony given under
  oath.
• Real or physical evidencetangible objects and
  traces of objects.
• Scientific evidencethe formal results of
  forensic investigatory techniques.
• Demonstrative evidencea visual or auditory aid
  used to assist the fact finder in understanding
  the evidence (charts, maps, videos, etc.).
• Judicial noticethe process whereby the
  trier-of-fact accepts certain facts as true
  without the necessity of formal proof (a short
  cut for commonly known matters).

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Starting Presumptions

• At the onset of a trial, there are certain
  evidentiary starting points. Criminal trials
  start with two presumptions
• Presumption of sanity
• Presumption of innocence

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Evidence and Burdens of Proof

• Evidence consists of physical objects, testimony,
  or other things offered to prove or disprove the
  existence of a fact. The law recognizes two major
  types of evidence
• Direct evidencefirst-hand evidence that does not
  require presumptions or inferences in order to
  establish a proposition of fact.
• Circumstantial evidenceindirect evidence that
  requires inferences to be made.

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Burden of Proof

• The burden of persuasion, more commonly called
  the burden of proof, is the obligation of a party
  to prove a fact to a certain level
• Beyond a reasonable doubt
• By a preponderance of the evidence
• By clear and convincing evidence.
• With affirmative defenses, the defendant has the
  burden of proof.
• The government bears the burden of proof at
  criminal trials.

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Order of Evidence Presentation at Trial

• Trials go through a series of steps
• Trials begin with opening statements, with the
  prosecution going first.
• Prosecutor presents its case-in-chief.
• Witnesses are questioned in direct examination
  and possibly cross-examination.
• Defense may move for acquittal or present its
  case.
• Prosecutor may rebuttal. If so, the defense may
  add further evidence.
• Closing arguments are made.
• Jury instructions are given.
• Jurors deliberate and return with a verdict (or
  hung jury).

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Sentencing

• Judges typically determine sentencing according
  to case facts and various sentencing schemes
• Indeterminate sentencing
• Determinate sentencing, including mandatory
  sentencing
• Judges may use information presented in the
  Pre-Sentence Investigation Report or victim
  impact statement to help determine appropriate
  sentence.
• Sentences handed out at a sentencing hearing.

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Sentencing

• What factors impact the judges decision on
  sentencing?
• Do you think there are other factors that should
  be considered? If so, what are they?

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Sentencing Options

• The correctional system contains several
  sentencing options, including
• Fines
• Revocation of government-issued license
• Probation
• Intermediate sanctions, such as boot camp,
  halfway house, or work programs
• Incarceration in jails or prisons, sometimes
  followed by parole

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Judgment

• A judgment is the written evidence of the final
  disposition of the case. It is signed by a judge
  or the clerk of a court. A judgment of conviction
  sets forth the plea, the verdict or findings, and
  the adjudication and sentence.

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Post-Trial Motions

• After the trial the following motions may be
  made
• Motion for judgment of acquittal
• Motion for a new trial
• Motion for revision or correction of sentence

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Remedies After Conviction

• A defendant has two major avenues of relief after
  being convicted of a crime.
• AppealNot a re-trial, but a review of the legal
  issues involved in the case.
• Writ of habeas corpusA challenge to the fact or
  duration of a prisoners confinement on
  constitutional grounds.