Lecture 3 6 14 Time limit for having a trial have a right to a speedy trial 5th Amendment No constitutional explanation for what speedy means Over time courts have informed judges based on the Speedy Trial Act Speedy Trial Act allows for 70 days between the time of arrest or the persons first appearance in court whichever is first till the day of the trial Motion tolls stops the speedy trial Complaint made against the government Oftentimes isn t speedy motions usually made Trial Several stages involved in the process 1 Picking the Jury voir dire 14 o Randomly called in from motor rolls or hand picked o Would call 60 people in o Jurors fill out questionnaires which are then sent to the attorneys o Want to weed out the unqualified and those that can t sit in court for the amount of time allotted are you a competent juror unbiased selection of evidence to be selected for this case o What biases you Race Last Name look at religion Jewish Gun case member of NRA not going to convict Drugs in college don t believe in drugs now so convicting o Want the people who may be jurors to be able to tell you whether or not they know anyone on this trial o Personal Questions any run ins with the law any problems with the government IRS for taxes o Any arrests or convictions for any criminal case o Any other reason why you can t be unbiased o Two ways to get off the jury Excused for cause health bias etc Preemptory Challenges any valid constitutional reason 10 for defense 6 for government Can exclude for any reason that is not unconstitutional Ex people who fall asleep during the voir dire he s going to sleep through the trial Ex Someone who doesn t dress appropriately shows a lack of respect for the court system Not constitutional to judge women race etc Batson Challenge case that challenges the preemptory challenges made by an attorney Lawyer must defend all of his strikes Judge swears the jurors in indictment has 5 counts if you want to dismiss a count but the jurors are already sworn in you cannot attempt to dismiss it when double jeopardy begins 2 3 Opening Statements government always goes first because they have the burden of proof some reserve their statement until after the government made their case 4 Government s case in chief moment of the trial where the government puts on all the necessary witnesses and evidence that if at the end of the case in chief the trial were officially to end that defendant could be found guilty o Often has physical evidence real evidence guns pictures o Often has testimony witnesses authenticate the evidence and corpses etc give testimony o Your honor we rest the end of the case in chief 5 Defense attorney can instead of giving his own case or can talk to the jury about how the government did not provide beyond a reasonable doubt o If the defense put on a defense they introduce evidence and witnesses then the government gets rebuttal optional 6 Closing argument persuade the jury that you are right o Putting documents together to say this is why he is guilty or 7 Jury Deliberations jury goes back and takes all the evidence and testimony and make their decision o Need 12 jurors who have heard all of the evidence from start to not guilty finish Judge decides what to do if it s a long trial Wait until the person who is absent comes back to proceed with the trial Substitute an alternate for the juror who has been to every trial date and can deliberate in place of the juror who left If sitting as an alternate you are NOT allowed to deliberate unless you are subbed in All jurors need to have a unanimous vote on a decision all 12 If you don t it s a hung jury or a mistrial which is where you have to re do the trial Prosecutor can decide whether or not to retrial Traditionally a week of trial equates to a day of a jury meeting Jury stays at a hotel for the amount of time needed When a government presents evidence and testimony it has to satisfy two The conduct itself was criminal actus reus In the defendants mind there was an evil mindset mensrea Evidence things Sentencing Jury is never told if or how much jail time is given just decides if guilty or not Judge has to determine the sentence Probation office determines other information about the defendant medical issues family life income etc Judge composes the report for sentencing presentence report can take 2 3 months If convicted doesn t always have to go to jail Can Self surrender yourself Set another court date sentencing date everyone comes to court and decide the fate Have another mini trial in favor of the government or defense Judge makes a ruling Uses the U S Sentencing Guidelines not mandatory Judge looks at the history and characteristic of your person how serious the offense was promoting the law etc Ends the case asides from the appeal You have 14 days from the date you were sentenced to file an appeal When you report to jail depends on cell space etc usually takes 30 days NO PAROLE IN THE FEDERAL SYSTEM Good time if you behave well the entire time you re in prison if 30 year sentence and have good time you can have only 15 less of a time serve only 25 years instead of 30 In federal system life sentence will spend your entire life in prison Death penalty has two stages Trial Stage Guilt Phase is he guilty Penalty Phase what should the penalty be life or death Judge can decide that the punishment be easier but not harder than what the jury said Relevant conduct as long as the jury convicts an offender on one fraud he can be sentenced for the rest of the fraud as well if one is proved as fraud and the rest are acquitted can still be given a sentence based on the acquitted conduct Criminal Justice Basic Concepts The Exclusionary Rule all evidence obtained in violation of constitutional rights is lost so long as state action involved Weeks v US 1914 only the feds Wolf v Colorado 1934 not just the feds PRIMARY EVIDENCE Brown v Mississippi 1936 coerced confession violates DP and is applicable to the states Mapp v Ohio 1961 evidence excluded for state violation of 4th amendment You want to deter unlawful and unreasonable police conduct o Charge police or prosecutor with crimes o Fire the prosecutor who worked with them or the police o Want to create a general response to the governments unreasonable and unlawful evidence Gideon v Wainwright 1963 6th amendment right to counsel applicable to states Malloy v Hogan 1964 5th amendment privilege against self incrimination application to states Neil v Biggers 1972