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Copyright and Terms of Service
Copyright © Texas Education Agency, 2011. These materials are copyrighted © and
trademarked ™ as the property of the Texas Education Agency (TEA) and may not be
reproduced without the express written permission of TEA, except under the following
conditions:
1) Texas public school districts, charter schools, and Education Service Centers may
reproduce and use copies of the Materials and Related Materials for the districts’
and schools’ educational use without obtaining permission from TEA.
2) Residents of the state of Texas may reproduce and use copies of the Materials and
Related Materials for individual personal use only, without obtaining written
permission of TEA.
3) Any portion reproduced must be reproduced in its entirety and remain unedited,
unaltered and unchanged in any way.
4) No monetary charge can be made for the reproduced materials or any document
containing them; however, a reasonable charge to cover only the cost of
reproduction and distribution may be charged.
Private entities or persons located in Texas that are not Texas public school districts,
Texas Education Service Centers, or Texas charter schools or any entity, whether
public or private, educational or non-educational, located outside the state of Texas
MUST obtain written approval from TEA and will be required to enter into a license
agreement that may involve the payment of a licensing fee or a royalty.
Contact TEA Copyrights with any questions you may have.
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Bill of Rights
Rights apply in both state and federal
criminal proceedings
Required by Constitution, not state/federal
law
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Probable Cause
Search Warrant
Unreasonable Searches and Seizures
Evidence seized in an illegal search can be
suppressed at trial.
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Grand Jury
Double Jeopardy
Self-incrimination
Due Process
Accused does not have to testify against his or
her self.
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Can the defendant refuse to take the stand
and testify?
◦ Yes
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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
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Successive prosecution of a defendant for the same
offense by the same jurisdiction
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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
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If a charge is dismissed before either stage is
reached, the defendant may be charged and tried
again.
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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
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Criminal Prosecutions
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Jury Trial
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Speedy and Public Trial
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Right to Counsel
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Right to Confront Witness
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Do juries have to be 12 members? Is it a
constitutional right?
◦ Williams v. Florida (1970) – Answered NO
◦ Some state laws require it
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Jury must have 6-12 members
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Does this depend on the offense?
◦ No, unless a capital case
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Court has never stated they required 12member juries for capital cases, but assumed
they would
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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
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Juveniles do not have a constitutional right to
a trial by jury, but states can grant them this
right
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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
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When does the right apply?
◦ Whichever of these two come first
 After a person has been formally charged with a
crime
 After arrest
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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
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When does a person have a right to be
represented by counsel?
◦ At every critical stage of the criminal proceeding
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When does the right to counsel apply?
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Custodial Interrogations
Post indictment Lineups
Preliminary hearings
Trials
Sentencing
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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
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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
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Jury Trials in Certain Civil Cases
◦ Common law
◦ Amount in controversy over $20
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Excessive Bail or Fines
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Cruel and Unusual Punishments
Is capital punishment cruel and unusual
punishment?
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Privileges and Immunities
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Due Process
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Equal Protection
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Publicity surrounding the trial must not be
such that it unduly influences the jury
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A person must be convicted solely on the
basis of evidence admitted at trial
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Not that they have not heard anything from
the media, but that they are not prejudiced
(have not already formed an opinion)
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The United States Bill of Rights
http://www.archives.gov/exhibits/charters/bill_of_rights_transc
ript.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
Do an Internet search for the following:
◦ FindLaw
◦ Justice Learning
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