Chapter 14: The Criminal Justice
Process
The Trial
Due Process
• Provided by the 6th
Amendment
• Gives the accused the right:
▫ To a jury trial in public
▫ To confront and crossexamine 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