5th Amend. Cont.
th
6 Amendments
Weeks 8--
5th Amendment
• Due Process
• Double Jeopardy
– Jeopardy attaches when jury sworn in or first
witness called
– Does not apply to different jurisdictions
– Does not apply to appeals & retrials
• Grand Jury Indictment
– Federal courts—required
– State courts—alternative use of prelim
6TH AMENDMENT
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SPEEDY TRIAL
PUBLIC TRIAL
IMPARTIAL JURY
JURY FROM STATE
AND DISTRICT OF
CRIME
• INFORMED OF
NATURE OF CRIME
• CONFRONT
WITNESSES
• COMPEL
WITNESSES TO
TESTIFY
• ASSISTANCE OF
COUNSEL
SPEEDY TRIAL
• BEFORE ARREST
• STATUTE OF LIMITATIONS
• NO UNNECESSARY DELAY
• AFTER ARREST
• FIRST APPEARANCE
• TRIAL (CALIF. RULES)
» MISDEMEANOR: 30/45 DAYS
» FELONY: PRELIM: 10 COURT DAYS; TRIAL: 60
DAYS FROM SUPERIOR COURT ARRAIGNMENT
PUBLIC TRIAL
• COURTROOM NOT CLOSED
• DOES NOT GUARANTEE RIGHT TO PRESS
(1ST AMENDMENT)
• DEFENDANT’S RIGHT
• NO RIGHT TO HAVE CAMERAS
• DOES NOT APPLY IN JUVENILE CASES
IMPARTIAL JURY
• CALIFORNIA JURY SELECTION
PROCESS
• DMV/VOTER REGIS
• KNOWLEDGE OF FACTS/PARTIES
DOES NOT AUTOMATICALLY
DISQUALIFY
• FAIRNESS IS THE ISSUE
VENUE
• TRIAL IN COUNTY/DISTRICT OF CRIME
GUARANTEES JURY FROM STATE AND
DISTRICT OF CRIME
• VENUE CAN BE CHANGED AT
DEFENDANT’S REQUEST
INFORMED OF CRIME
• TAKES PLACE AT ARRAIGNMENT
RIGHT TO CONFRONT
WITNESSES
• RIGHT TO USE SUBPOENAS
ASSISTANCE OF COUNSEL
• ISSUES:
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RIGHT TO COURT APPOINTED COUNSEL
WHEN RIGHT ATTACHES
COMPETENCY OF COUNSEL
RIGHT ON APPEAL
RIGHT TO COUNSEL
• 6TH AND 14TH AMENDMENT RIGHTS
• INCLUDES COURT APPOINTED FOR
INDIGENTS
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POWELL V. ALABAMA
BETTS V. BRADY
GIDEON V. WAINRIGHT
IN CALIF. APPLIES TO MISD. AND FELONIES
RIGHT TO COUNSEL
• EFFECTIVE COUNSEL
• DOES ATTACH BEFORE COURT
PROCEEDINGS BEGIN
• DUTIES AND ETHICAL CONCERNS:
ZEALOUS REPRESENTATION
Pretrial Proceedings-Misdemeanor
• Arraignment
• Pretrial Hearing
• Trial
Pretrial Proceedings--Felony
• Complaint Filed
• Arraignment
Or Grand Jury
• Preliminary Examination and Indictment
– Information filed
• Second Arraignment
• Motions
• Trial
METHODS OF PROOF
• DIRECT EVIDENCE
• IF BELIEVED, PROVES THE FACT IN DISPUTE
• USUALLY THE EYE WITNESS
• CIRCUMSTANTIAL
• EVIDENCE FROM WHICH INFERENCE IS
DRAWN
• E.G. BLOOD, FINGERPRINTS,
METHODS OF PROOF
• JUDICIAL NOTICE
• FACTS THAT ARE COMMON KNOWLEDGE DO
NOT HAVE TO BE PROVEN
• PRESUMPTIONS
• CONCLUSIVE OR REBUTTABLE
• STIPULATIONS
• AGREEMENTS
CRIMINAL PROCEDURE
CONCEPTS
• BURDEN OF PROOF
• DUTY TO PRODUCE EVIDENCE OF THE CRIME
• PROOF BEYOND A REASONABLE DOUBT
• JURISDICTION
• AUTHORITY TO HEAR CASE
• PLACE--CONSTITUTIONAL RIGHT
• TIME--STATUTE OF LIMITATIONS
CRIMINAL PROCEDURE
CONCEPTS
• ELEMENTS OF CRIME MUST BE
PROVED
• SUSPECT MUST BE IDENTIFIED
• CAN BE BY CIRCUMSTANTIAL EVIDENCE
Trial Procedure
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Jury Selection—Voir dire
Preliminary Instructions/Reading Accusation
Opening Statements
Prosecutor’s Case in Chief
Defense
Rebuttal
Arguments
Instruction
Evidence
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Direct vs. Circumstantial
Testimony
Documentary
“Real Evidence”
Demonstrative
Judicial Notice
Stipulations
Possible Verdicts
• Guilty
• Acquittal
• Hung Jury
Sentencing
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Concurrent
Consecutive
Determinate v. Indeterminate
Death Penalty Cases
Probation
Restitution
Registration
Alternative Sentences
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Work Furlough
Treatment
Community Service
Home Detention
Parole
• Early Release (Text book incorrect)
Post Conviction Remedies
• Appeal
• Habeas Corpus
• Executive Clemency
Juvenile Proceedings
• No Jury Trial
• No Public Trial
• Sentencing