Chapter 13The Courtroom: The Pretrial and Trial Process

Preliminary Hearing must be held within a “reasonable period of

time” to determine whether there is sufficient

evidence to subject the defendant to criminal prosecution

defendant has a right to representation by a lawyer

indictment states, information states, and modified indictment states

Grand Jury Fifth Amendment Hurtado v. California Vazquez v. Hillery: automatic reversal rule indictment true bill vs. no bill presentment essential features of indictment

essential elements factual specificity

power of grand jury investigations

Arraignment defendant is brought before a judge, is

informed of the charges, and required to enters a plea

four pleas not guilty not guilty by reason of insanity nolo contendere guilty

Pretrial Motions double jeopardy

Fifth Amendment United States v. Difrancesco

speedy trial Sixth Amendment Klopfer v. North Carolina

change of venue Article III, Section 2 of the U.S. Constitution Groppi v. Wisconsin

Pretrial Motions (cont.)

discovery Brady v. Maryland

suppression of evidence Fourth Amendment Fifth Amendment Miranda requirements exclusionary rule

Right to a Jury Trial

Article III, Section 2 of the U.S. Constitution Sixth Amendment Duncan v. Louisiana Baldwin v. New York Blanton v. City of North Las Vegas Lewis v. United

Twelve-Member Jury Requirement Thompson v. Utah: the Sixth Amendment follows

the common law and guarantees an individual a jury composed of twelve persons, “neither more nor less” in federal court

Williams v. Florida: states are not required to use 12 member juries

Ballew v. Georgia: five jurors is too few

Jury Selection

venire voir dire peremptory challenge challenge for cause Equal Protection Clause

Peremptory Challenges

a juror who has his/her “mind made up” cannot fairly and impartially weigh the evidence, should not serve on the jury, and should be struck for cause

a challenge that is “exercised without a reason stated, without inquiry, and without being subject to the court’s control”

limited number

Challenge to Judges

federal “challenge-for-cause” and similar state statutes

file a motion claiming judicial bias recusal Caperton v. A.T. Massey

Public Trial Sixth Amendment a central component of due process applies to all hearings related to the trial designed to protect defendants from being subjected

to secret trials press and public may be excluded from a preliminary

hearing where there is a substantial probability that the publicity will prejudice the defendant’s right to a fair trial and there are no reasonable alternatives to closing the hearing

proceedings may be closed to protect juveniles alleged to have been the victims of sexual abuse

Opening Statement

a brief verbal presentation of the evidence that a lawyer plans to present

lawyers are not to refer to evidence reasonably believed to be inadmissible later on

should not be used to make an impassioned argument or emotional appeal

Presentation of Evidence case-in-chief presented by prosecution cross-examination motion for a judgement of acquittal rebuttal

Confrontation

Sixth Amendment Confrontation Clause based on a concern with insuring the accuracy of

trials issue of sexual molestation of juveniles

Cross-Examination

John Henry Wigmore: the “greatest” contribution of the common law and the “greatest legal engine ever invented for the discovery of the truth”

to determine whether a witness’s testimony can withstand questioning that probes the witness’s accuracy, consistency, and objectivity

Davis v. Alaska Olden v. Kentucky

Hearsay

a “statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted”

a witness testifying as to what someone else said outside the courtroom

violates the Confrontation Clause is allowed in certain, limited circumstances

Compulsory Process

Sixth Amendment an individual shall have “compulsory process

for obtaining witnesses in his favor” defendant has the right to obtain witnesses,

documents, and other evidence that are required to defend him/herself

defendant the right to present witnesses, documents, and other evidence at trial and to present a criminal defense

Burden of Proof

adversarial trial process two components

the burden of going forward (or the burden of production) the burden of persuasion

a criminal conviction carries serious consequences and that the Government must bear the burden of criminally convicting a defendant and depriving a defendant of his/her liberty

Fifth Amendment: “no person . . . shall be compelled in any criminal case to be a witness against himself”

Reasonable Doubt standard of criminal guilt In re Winship: the Due Process Clause “protects

the accused from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged”

reasons presumption of innocence false convictions seriousness of criminal convictions community confidence

Closing Arguments prosecutor then defense then prosecutor Herring v. New York ABA suggested limitations Dunlop v. United States Donnelly v. DeChristoforo invited response doctrine

Jury Instructions

issued the the jury by the judge before the jury begins to discuss the defendant’s guilt or innocence

pattern jury instructions attorneys may have some say

Jury Deliberations

jurors are ordinarily provided with copies of the charges and jury instructions

the judge may allow jurors to view exhibits that were introduced into evidence

“deadlocked” juries reconsideration hung jury Allen or dynamite charge

Jury Unanimity

Sixth Amendment Apodaca v. Oregon Johnson v. Louisiana nonunanimous verdicts Burch v. Louisiana

Jury Nullification should the jury find a law unfair, they may

refuse to find the defendant guilty and vote to acquit

juries voting their conscience rather than the law

Sparf and Hansen v. United States United States v. Washington United States v. Dougherty can only find guilty defendants not guilty,

not vice versa

Guilty Pleas plea bargains three types

reduction or dismissal of certain charges reduction of sentence sentence recommendation benefits criticisms constitutionality withdrawal of plea Hyde v. United States