Chapter 10The Criminal Trial

Civil Rights During Trial

The Right to be Competent at Trial

Defendants must be mentally competent to understand the nature

and extent of legal proceedings

Courts may force defendants to receive treatment so they can be

tried

Important governmental interest must be at stake

Must significantly further state interests

Other less intrusive treatments unlikely to achieve

substantially the same results

Must be medically appropriate

Civil Rights During Trial

The Right to Confront Witnesses

Provide for a control over hearsay evidence and allows the

veracity of witnesses to be challenged

Helps the accused in preparation of a defense to know who will

present testimony for the state

Does not necessarily mean a face-to-face confrontation

Court may use alternative methods to protect victims or other

witnesses from trauma

Civil Rights During Trial (cont.)

The Right to a Jury Trial

Applies to any crime with a punishment of six months or more

Constitution does not require a 12 person jury, smaller juries may

be permitted

The Sixth and Fourteenth Amendments do not mandate a

unanimous verdict in non-capital cases

Civil Rights During Trial (cont.)

Right to Counsel at Trial

May choose to represent self (pro se)

Waiver must be made knowingly and intelligently

Court may refuse to allow if defendant not believed competent to

waive right

No right to self-representation in appeals

Civil Rights During Trial (cont.)

The Right to a Speedy Trial

No set time which defines the term

Supreme Court considers a fundamental right:

Improves the credibility of the trial

Avoids lengthy pretrial detentions

Avoids extensive pretrial publicity and other conduct that may

interfere with fair trial

Delay may adversely affect defendant’s ability to defend

themselves

Civil Rights During Trial (cont.)

Public Trials

Sixth Amendment guarantees a speedy and public trial

Designed to ensure fairness of the proceedings

Both the press and public may attend trials

Civil Rights During Trial (cont.)

Pretrial Publicity

Judge may not prohibit press from reporting details of a crime

Hearings may be closed to public if there is a substantial

probability that the defendant’s right to a fair trial would be

prejudiced by publicity

Trials must remain open to the press even in sensitive matters

Defendant can not object to use of cameras in the courtroom –

generally it is the judge’s discretion to allow

Civil Rights During Trial (cont.)

Proof Beyond a Reasonable Doubt

Standard of proof required to convict a defendant

Defendants are presumed innocent until proven guilty

Reduces risk of convictions based on factual errors

Underlies our belief that it is better to release a guilty person than

convict an innocent one

The Trial Process

Formal process conducted in a specific and orderly fashion

according to rules of criminal law

Structured adversary proceeding

Each side seeks to present its case favorably

The Trial Process (cont.)

Jury Selection

Jurors randomly selected from voter registration or licensing lists

(called a “venire”) Few states impose qualifications on jurors

Usually prohibit convicted felons from serving

Venire – initial list of persons chosen

The Trial Process (cont.)

Voir Dire

French for “to tell the truth”

Questioned by prosecutor, defense, and sometimes the judge

about their background, occupations, residences, and

knowledge or interest in the case

The Trial Process (cont.)

Challenges for Cause

During voir dire prosecution or defense shows why potential juror

is not unbiased

No limit to the number of prospective jurors who can be removed

for cause

The Trial Process (cont.)

Peremptory Challenges

Prosecution and defense may excuse prospective jurors without

providing a reason or “cause”

Number of challenges are limited – varies by jurisdiction

Can’t be used to eliminate jurors on the basis of race, ethnicity or

gender

The Trial Process (cont.)

Opening Statements

Prosecutor then defense makes an opening statement

Statements are designed to provide an overview of each sides

case to the jury

Must not contain prejudicial remarks, inflammatory statements, or

mention irrelevant facts

The Trial Process (cont.)

Witness Testimony

Direct examination: the questioning of one’s own (prosecution or

defense) witness during a trial

Cross examination: interrogation of opposing sides’ witnesses

during the trial

Witnesses are restricted to factual information

Only expert witnesses may offer opinions based on their training

and expertise

The Trial Process (cont.)

Types of Evidence at a Criminal Trial

Testimonial evidence

Real evidence

Documentary evidence

Circumstantial evidence

To be admissible evidence must be relevant

The Trial Process (cont.)

Motion for a Directed Verdict

Defense normally makes at conclusion of state’s case

Judge is requested to order jury to return a verdict of not guilty on

the grounds the state has failed to meet its legal burden of proof

The Trial Process (cont.)

Presentation of Defense Attorney’s Evidence

Defendant is under no obligation to present evidence – the

burden of proof is on the prosecution

Of primary concern is whether the defendant should testify

After the defense rests its case the prosecution is given the

opportunity for rebuttal which may be followed by the defense’s

surrebuttal

The Trial Process (cont.)

Closing Arguments

Used to review facts and evidence

Prosecution and defense can draw reasonable inferences from

evidence

Cannot refer to matters not in evidence

Cannot comment on defendant’s refusal to testify

The Trial Process (cont.)

Instructions to the Jury

Judge’s responsibility

Provides jury with information about the law

Elements of the crime

Evidence required for proof

Burden of proof required

Improper instructions are often the basis for

an appeal

The Trial Process (cont.)

The Verdict

While not constitutionally required, most verdicts must be

unanimous

If the jury has only six members, a unanimous verdict is required

Hung jury: jurors cannot reach a verdict. Defendant may be

retried.

Guilty verdict: judge will normally set a date for sentencing and

ask for a presentence investigation report

Not guilty: defendant is free and may not be retried.

The Trial Process (cont.)

The Sentence

Normally the responsibility of trial judge although in some

jurisdictions jury may impose or make recommendation

Judges have great deal of discretion in state courts

Judge will consider information in pre-sentence investigation

report

The Trial Process (cont.)

The Appeal

Writ of habeas corpus

Harmless error

Indigent’s right to counsel for first appeal

Court transcript serves as the basis for appellate review