11 10 14 Courts the Criminal Trial The Criminal Trial A Review 1 Strong solid good case for trial 2 Constitutional rights 3 Jury selection 4 The verdict trial Trial the formal adjudication of the facts Ideal Case Prosecutors Ideal Case for Trial 1 Seriousness of the offense Injured victim weapon use felony Adjudication the determination of and pronouncement of a judgment in a criminal 2 Evidence Types Real Testimony Direct Circumstantial objects of any type weapon clothing fingerprints DNA sworn statements witnesses statements based on observations by eyewitnesses to the crime information that implicates 3 Dangerous and culpable defendant Prior record weapon used 4 Stand up victim A person who the jury will consider is underserving of victimization Believable Consistent in statements and testimony Constitutional Rights of the Accused 1 Right to confront witness 6th Amendment Right of a criminal defendant to see and cross examine all the witnesses against him her 2 Right to a jury trial Supreme Court ruling in Duncan v Louisiana 6th Amendment guarantees right to jury trial defendant can waive that right 3 Right to counsel at trial Bill of Rights protects citizens against federal encroachment 14th Amendment provides no STATE shall deprive a person of life liberty or property without due process of law i e due process clause 6th Amendment requires right to counsel in federal court 4 Right to self representation Supreme Court decision in Faretta v California 1975 Defense of pro se Latin for himself Lenny Bruce of obscenity trials Ted Bundy serial murder 1979 trial Colin Ferguson mass murdered on the Long Island Rail Road 5 Right to a speedy trial 6th Amendment states right to speedy trial in federal prosecution applicable to states via Klopfer v North Carolina 1967 Requires indictment information within 30 days of arrest Trial by 70 days in Federal Court 19 120 days for States Exceptions Casey Anthony 4 years in jail prior to trial 6 Protection against self incrimination 5th Amendment Jury Selection Eligibility voter registration driver s license or residency Questioning by prosecutor and defense attorney to reveal juror bias o Purpose find objective jurors Avenues to reject jury 2 ways o Challenge for Cause challenge against prospective jurors based on that particular juror s availability or willingness to reach an impartial decision in the case o Peremptory Challenge challenge in the form of a request to the court to exclude prospective juror where no reason is stated or disclosed Past abuses when jurors had minority status Limited to 6 3 for prosecutor and 3 for defense attorney Beyond a Reasonable Doubt standard of proof necessary in all criminal trials in The Verdict Finding by a Jury or Judge 1 In criminal trials order to adjudicate the guilt of the defendant o Conclusive and complete proof o Leaving no reasonable doubt 2 In civil trials o Persuasive and convincing o Greater weight of evidence The Judge Ensures justice Duties 1 Sets bail 2 Assigns defense counsel 3 Rules on motions and objections before during and after trial 4 Sentences defendants Factors that Influence Sentencing Preponderance of the Evidence standard of proof necessary in all civil trials 1 Seriousness of offense 2 Prior record 3 Age older defendant less of a threat to society 4 Sex judges favor women in sentencing 5 Social class harsher sentence for poor inability to retain private attorney afford bail 6 Race No racial disparities in property crimes Significant differences in violent crimes particularly if victim is white 7 Pre trial release 8 Type of defense attorney 9 Problems with continuances 10 Structure of Sentencing Guidelines Sentencing Guidelines Types by trial judge or parole board Flat time Sentence length of sentence is fixed by statue and cannot be changed Determinate Sentence judges are allowed to fix sentence within a maximum minimum range set by legislation Indeterminate Sentence judges impose sentence within wider range and decision when to release inmate can be made by administrative agency parole board Presumptive Sentence standard sentence set by legislation but judges can vary sentence by offender s crime and history Mandatory Minimum sentence set by legislation no parole or conditional release before that set period of time Use a Gun and You re Done Mandates a minimum 10 year prison term for certain felonies or attempted felonies in which the offender possess a firearm or destructive device 25 to life if someone is injured or killed Mandates a minimum 20 year prison if you fire a gun Mandates a minimum 3 year prison term for possession of a firearm by a felon Mandates that the minimum prison term is to be served consecutively to any other term of imprisonment imposed