


Bill of Rights
Rights apply in both state and federal
criminal proceedings
Required by Constitution, not state/federal
law
UNT in partnership with TEA, Copyright ©. All rights reserved.
2



Probable Cause
Search Warrant
Unreasonable Searches and Seizures
Evidence seized in an illegal search can be
suppressed at trial.
UNT in partnership with TEA, Copyright ©. All rights reserved.
3




Grand Jury
Double Jeopardy
Self-incrimination
Due Process
Accused does not have to testify against his or
her self.
UNT in partnership with TEA, Copyright ©. All rights reserved.
4

Can the defendant refuse to take the stand
and testify?
◦ Yes
UNT in partnership with TEA, Copyright ©. All rights reserved.
5

Under what circumstances can a witness be
compelled to testify?
◦ If the statute of limitations has run out on the crime
◦ If the witness has been acquitted or convicted and
therefore can’t be re-prosecuted
◦ If the witness is granted immunity from prosecution
UNT in partnership with TEA, Copyright ©. All rights reserved.
6

Successive prosecution of a defendant for the same
offense by the same jurisdiction

When does the prohibition against double jeopardy
apply?
◦ In a jury trial, when a competent jury has been sworn
◦ In a bench trial, when the first witness has been called and
sworn

If a charge is dismissed before either stage is
reached, the defendant may be charged and tried
again.
UNT in partnership with TEA, Copyright ©. All rights reserved.
7

When is the right deemed to have been
waived?
◦ When a conviction is set aside on appeal
◦ Hung juries
◦ Mistrials
◦ New evidence which alters the “offense” or sentence
UNT in partnership with TEA, Copyright ©. All rights reserved.
8

Criminal Prosecutions

Jury Trial

Speedy and Public Trial

Right to Counsel

Right to Confront Witness
UNT in partnership with TEA, Copyright ©. All rights reserved.
9

Do juries have to be 12 members? Is it a
constitutional right?
◦ Williams v. Florida (1970) – Answered NO
◦ Some state laws require it
UNT in partnership with TEA, Copyright ©. All rights reserved.
10

Jury must have 6-12 members

Does this depend on the offense?
◦ No, unless a capital case

Court has never stated they required 12member juries for capital cases, but assumed
they would
UNT in partnership with TEA, Copyright ©. All rights reserved.
11

When do you have a right to a trial by jury?
◦ Baldwin v. New York (1970) – when the sentence
imposed can be more than 6 months imprisonment
◦ Does not matter what sentence is actually imposed
UNT in partnership with TEA, Copyright ©. All rights reserved.
12

Juveniles do not have a constitutional right to
a trial by jury, but states can grant them this
right
UNT in partnership with TEA, Copyright ©. All rights reserved.
13


No set time limit that a trial must be held, it
just must be free from unnecessary and
unwanted delay
Some states have speedy trial laws which
mandate trials within a certain number of
days, otherwise charges are dismissed
UNT in partnership with TEA, Copyright ©. All rights reserved.
14

When does the right apply?
◦ Whichever of these two come first
 After a person has been formally charged with a
crime
 After arrest
UNT in partnership with TEA, Copyright ©. All rights reserved.
15

In deciding whether a right has been violated
court looks at (Barker v. Wingo 1972):
◦ 1) Length of delay
◦ 2) Reason for delay
◦ 3) Defendant’s assertion or nonassertion of rights
◦ 4) Prejudice to the defendant
UNT in partnership with TEA, Copyright ©. All rights reserved.
16

When does a person have a right to be
represented by counsel?
◦ At every critical stage of the criminal proceeding
UNT in partnership with TEA, Copyright ©. All rights reserved.
17

When does the right to counsel apply?
◦
◦
◦
◦
◦
Custodial Interrogations
Post indictment Lineups
Preliminary hearings
Trials
Sentencing
UNT in partnership with TEA, Copyright ©. All rights reserved.
18

For what offenses does a person have a right
to court-appointed counsel during trial? (also
applies to plea bargaining)
◦ 1) All felonies
◦ 2) Misdemeanors if facing a possible jail sentence
and actual confinement is imposed
UNT in partnership with TEA, Copyright ©. All rights reserved.
19



Allows the accused to challenge the
accusations of a witness
Allows the judge or jury to determine the
credibility of the witness
Opportunity to impeach a witness
UNT in partnership with TEA, Copyright ©. All rights reserved.
20

Jury Trials in Certain Civil Cases
◦ Common law
◦ Amount in controversy over $20
UNT in partnership with TEA, Copyright ©. All rights reserved.
21

Excessive Bail or Fines

Cruel and Unusual Punishments
Is capital punishment cruel and unusual
punishment?
UNT in partnership with TEA, Copyright ©. All rights reserved.
22

Privileges and Immunities

Due Process

Equal Protection
UNT in partnership with TEA, Copyright ©. All rights reserved.
23

Publicity surrounding the trial must not be
such that it unduly influences the jury

A person must be convicted solely on the
basis of evidence admitted at trial

Not that they have not heard anything from
the media, but that they are not prejudiced
(have not already formed an opinion)
UNT in partnership with TEA, Copyright ©. All rights reserved.
24

The United States Bill of Rights
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html






The Courts and Criminal Procedure, Instructional Materials Service,
Trade and Industry Education
Criminal Courts: Structure, Process, & Issues (2nd Edition), Dean
John Champion, Richard D. Hartley, & Gary A. Rabe
Our Rights (1st Edition), David Bodenhamer
http://www.sunnylandsclassroom.org/Asset.aspx?Id=1329
The Annenberg Classroom http://www.annenbergclassroom.org
FindLaw http://www.findlaw.com
Justice Learning http://www.justicelearning.org
UNT in partnership with TEA, Copyright ©. All rights reserved.
25