5th Amend. Cont. 6th Amendments

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5th Amend. Cont. 6th Amendments

• Weeks 8--

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5th Amendment

• Due Process
• Double Jeopardy
• Jeopardy attaches when jury sworn in or first
  witness called
• Does not apply to different jurisdictions
• Does not apply to appeals retrials
• Grand Jury Indictment
• Federal courtsrequired
• State courtsalternative use of prelim

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6TH AMENDMENT

• SPEEDY TRIAL
• PUBLIC TRIAL
• IMPARTIAL JURY
• JURY FROM STATE AND DISTRICT OF CRIME
• INFORMED OF NATURE OF CRIME

• CONFRONT WITNESSES
• COMPEL WITNESSES TO TESTIFY
• ASSISTANCE OF COUNSEL

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SPEEDY TRIAL

• BEFORE ARREST
• STATUTE OF LIMITATIONS
• NO UNNECESSARY DELAY
• AFTER ARREST
• FIRST APPEARANCE
• TRIAL (CALIF. RULES)
• MISDEMEANOR 30/45 DAYS
• FELONY PRELIM 10 COURT DAYS TRIAL 60 DAYS
  FROM SUPERIOR COURT ARRAIGNMENT

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PUBLIC TRIAL

• COURTROOM NOT CLOSED
• DOES NOT GUARANTEE RIGHT TO PRESS (1ST AMENDMENT)
• DEFENDANTS RIGHT
• NO RIGHT TO HAVE CAMERAS
• DOES NOT APPLY IN JUVENILE CASES

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IMPARTIAL JURY

• CALIFORNIA JURY SELECTION PROCESS
• DMV/VOTER REGIS
• KNOWLEDGE OF FACTS/PARTIES DOES NOT AUTOMATICALLY
  DISQUALIFY
• FAIRNESS IS THE ISSUE

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VENUE

• TRIAL IN COUNTY/DISTRICT OF CRIME GUARANTEES JURY
  FROM STATE AND DISTRICT OF CRIME
• VENUE CAN BE CHANGED AT DEFENDANTS REQUEST

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INFORMED OF CRIME

• TAKES PLACE AT ARRAIGNMENT

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RIGHT TO CONFRONT WITNESSES

• RIGHT TO USE SUBPOENAS

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ASSISTANCE OF COUNSEL

• ISSUES
• RIGHT TO COURT APPOINTED COUNSEL
• WHEN RIGHT ATTACHES
• COMPETENCY OF COUNSEL
• RIGHT ON APPEAL

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RIGHT TO COUNSEL

• 6TH AND 14TH AMENDMENT RIGHTS
• INCLUDES COURT APPOINTED FOR INDIGENTS
• POWELL V. ALABAMA
• BETTS V. BRADY
• GIDEON V. WAINRIGHT
• IN CALIF. APPLIES TO MISD. AND FELONIES

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RIGHT TO COUNSEL

• EFFECTIVE COUNSEL
• DOES ATTACH BEFORE COURT PROCEEDINGS BEGIN
• DUTIES AND ETHICAL CONCERNS ZEALOUS
  REPRESENTATION

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Pretrial Proceedings--Misdemeanor

• Arraignment
• Pretrial Hearing
• Trial

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Pretrial Proceedings--Felony

• Complaint Filed
• Arraignment
• Preliminary Examination
• Information filed
• Second Arraignment
• Motions
• Trial

Or Grand Jury and Indictment
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METHODS OF PROOF

• DIRECT EVIDENCE
• IF BELIEVED, PROVES THE FACT IN DISPUTE
• USUALLY THE EYE WITNESS
• CIRCUMSTANTIAL
• EVIDENCE FROM WHICH INFERENCE IS DRAWN
• E.G. BLOOD, FINGERPRINTS,

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METHODS OF PROOF

• JUDICIAL NOTICE
• FACTS THAT ARE COMMON KNOWLEDGE DO NOT HAVE TO BE
  PROVEN
• PRESUMPTIONS
• CONCLUSIVE OR REBUTTABLE
• STIPULATIONS
• AGREEMENTS

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CRIMINAL PROCEDURE CONCEPTS

• BURDEN OF PROOF
• DUTY TO PRODUCE EVIDENCE OF THE CRIME
• PROOF BEYOND A REASONABLE DOUBT
• JURISDICTION
• AUTHORITY TO HEAR CASE
• PLACE--CONSTITUTIONAL RIGHT
• TIME--STATUTE OF LIMITATIONS

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CRIMINAL PROCEDURE CONCEPTS

• ELEMENTS OF CRIME MUST BE PROVED
• SUSPECT MUST BE IDENTIFIED
• CAN BE BY CIRCUMSTANTIAL EVIDENCE

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Trial Procedure

• Jury SelectionVoir dire
• Preliminary Instructions/Reading Accusation
• Opening Statements
• Prosecutors Case in Chief
• Defense
• Rebuttal
• Arguments
• Instruction

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Evidence

• Direct vs. Circumstantial
• Testimony
• Documentary
• Real Evidence
• Demonstrative
• Judicial Notice
• Stipulations

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Possible Verdicts

• Guilty
• Acquittal
• Hung Jury

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Sentencing

• Concurrent
• Consecutive
• Determinate v. Indeterminate
• Death Penalty Cases
• Probation
• Restitution
• Registration

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Alternative Sentences

• Work Furlough
• Treatment
• Community Service
• Home Detention

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Parole

• Early Release (Text book incorrect)

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Post Conviction Remedies

• Appeal
• Habeas Corpus
• Executive Clemency

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Juvenile Proceedings

• No Jury Trial
• No Public Trial
• Sentencing