bill of rights rights apply in both state and federal criminal proceedings required by...
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Bill of Rights Rights apply in both state and federal
criminal proceedings Required by Constitution, not state/federal
law
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Probable Cause Search Warrant Unreasonable Searches and Seizures
Evidence seized in an illegal search can be suppressed at trial.
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Grand Jury Double Jeopardy Self-incrimination Due Process
Accused does not have to testify against his or her self.
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Can the defendant refuse to take the stand and testify?
◦Yes
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Under what circumstances can a witness be compelled to testify?
◦ If the statute of limitations has run out on the crime
◦ If the witness has been acquitted or convicted and therefore can’t be re-prosecuted
◦ If the witness is granted immunity from prosecution
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Successive prosecution of a defendant for the same offense by the same jurisdiction
When does the prohibition against double jeopardy apply?◦ In a jury trial, when a competent jury has been sworn◦ In a bench trial, when the first witness has been called
and sworn
If a charge is dismissed before either stage is reached, the defendant may be charged and tried again.
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When is the right deemed to have been waived?◦ When a conviction is set aside on appeal
◦ Hung juries
◦ Mistrials
◦ New evidence which alters the “offense” or sentence
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Criminal Prosecutions
Jury Trial
Speedy and Public Trial
Right to Counsel
Right to Confront Witness
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Do juries have to be 12 members? Is it a constitutional right?
◦ Williams v. Florida (1970) – Answered NO
◦ Some state laws require it
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Jury must have 6-12 members
Does this depend on the offense?◦ No, unless a capital case
Court has never stated they required 12-member juries for capital cases, but assumed they would
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When do you have a right to a trial by jury?
◦ Baldwin v. New York (1970) – when the sentence imposed can be more than 6 months imprisonment
◦ Does not matter what sentence is actually imposed
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Juveniles do not have a constitutional right to a trial by jury, but states can grant them this right
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No set time limit that a trial must be held, it just must be free from unnecessary and unwanted delay
Some states have speedy trial laws which mandate trials within a certain number of days, otherwise charges are dismissed
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When does the right apply?
◦ Whichever of these two come first After a person has been formally charged with
a crime After arrest
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In deciding whether a right has been violated court looks at (Barker v. Wingo 1972):
◦ 1) Length of delay
◦ 2) Reason for delay
◦ 3) Defendant’s assertion or nonassertion of rights
◦ 4) Prejudice to the defendant
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When does a person have a right to be represented by counsel?
◦ At every critical stage of the criminal proceeding
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When does the right to counsel apply?
◦ Custodial Interrogations◦ Post indictment Lineups◦ Preliminary hearings◦ Trials◦ Sentencing
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For what offenses does a person have a right to court-appointed counsel during trial? (also applies to plea bargaining)
◦ 1) All felonies
◦ 2) Misdemeanors if facing a possible jail sentence and actual confinement is imposed
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Allows the accused to challenge the accusations of a witness
Allows the judge or jury to determine the credibility of the witness
Opportunity to impeach a witness
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Jury Trials in Certain Civil Cases ◦ Common law◦ Amount in controversy over $20
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Excessive Bail or Fines
Cruel and Unusual Punishments
Is capital punishment cruel and unusual punishment?
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Privileges and Immunities
Due Process
Equal Protection
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Publicity surrounding the trial must not be such that it unduly influences the jury
A person must be convicted solely on the basis of evidence admitted at trial
Not that they have not heard anything from the media, but that they are not prejudiced (have not already formed an opinion)
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The United States Bill of Rights http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
The Courts and Criminal Procedure, Instructional Materials Service, Trade and Industry Education
Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean John Champion, Richard D. Hartley, & Gary A. Rabe
Our Rights (1st Edition), David Bodenhamerhttp://www.sunnylandsclassroom.org/Asset.aspx?Id=1329
The Annenberg Classroom http://www.annenbergclassroom.org FindLaw http://www.findlaw.com Justice Learning http://www.justicelearning.org
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