Chapter 14: The Criminal Justice ProcessThe Trial
Due Process• Provided by the 6th
Amendment• Gives the accused the right:
▫To a jury trial in public▫To confront and cross-
examine witnesses▫To be informed of their rights
and the charges against them▫A trial without undue delay
• Does not give a defendant a free attorney when they can afford one.
Right to a Speedy Trial•Prevents defendants from being held
indefinitely in jail without trial
Right to an Attorney•Not guaranteed in a criminal case in
which jail time is not a possibility•Is implemented when a defendant is too
poor to afford their own attorney
Self-Incrimination
• Right not to be forced to testify against oneself in a criminal trial. (Plead the 5th)
• Prosecuting attorneys cannot mention that a defendant did not testify and use that against them
Plea Bargains•Most cases are
resolved this way
Jury Panel•A group of people
drawn from voter registration, tax lists, or DMV records from which juries are drawn
Peremptory Challenges•A device an attorney can use a limited
number of times in asking the court to exclude a particular juror without giving a reason▫Cannot be used to exclude jurors based on
race
Removal for Cause•Request by an attorney to remove any
juror who does not appear able to render a fair or impartial decision.▫Ex. If a juror is related to anyone involved
in the trial
Right to Jury Trial•Defendants have the right to waive their
right to a jury trial and have their case heard by a judge only.
Subpoena•A court order requiring a witness to
appear in court to testify.
Immunity• Being granted
immunity means that a witness cannot be prosecuted based on any information provided in a testimony.▫Must answer all
questions▫Cannot be prosecuted
even if you admit to unsolved crimes
Disruptive Defendants•The judge has the power to hold a
defendant in contempt of court when he/she becomes disorderly in the courtroom.
•They can be also bound and gagged or removed from the courtroom.
Jury Nullification•The power of a jury to disregard the law
and decide the case in the interest of justice.
Writ of Habeas Corpus•An order from a higher court to a lower
court or court official ▫Literally means “to produce the body”▫Claims that a defendant is being held
legally and requests release
If convicted, defendants have the option to…•Make a motion that the judge overturn
the conviction•Appeal the conviction•Ask the judge to declare a mistrial
Appellant•Requests a higher court to reverse the
trial court’s decision
An appeal involves…•Submission of legal briefs•Oral Arguments•Review of trial transcripts