Unit 11 notes
- 2. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- 3. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
- 4. I. 5th Amendment rights A. Self-incrimination- You do not have to testify in your trial B. Immunity- witness cannot be prosecuted based on any information given in testimony http://youtu.be/mdeo7Q2E5cE
- 5. II. 6th Amendment Rights A. Speedy and public jury trial No specific time limits Defendants can waive right if more time is needed
- 6. B. Compulsory Process and to Confront Witnesses Defendant can get subpoena (court order) requiring witnesses to testify Cross examination- right to confront witnesses against them
- 7. C. Right to an attorney Those that can’t afford a lawyer will have one appointed - Gideon v. Wainwright (1963) extended the right to state and federal cases
- 8. D. Criminal Appeals Defendants who think were wrongly convicted can appeal, or request a decision by a higher court Writ (order) of habeas corpus (to produce the body)- if someone is held illegally, they must be released
- 9. E. Right to impartial jury of peers Not used in every trial: A. Guilty Plea B. Misdemeanors C. Defendant can waive, or give up their right to a jury trial for a bench trial
- 10. III. Voir Dire- Jury Selection Jury panels are selected from voter registration and tax lists Juries consist of 12 people in federal and most state courts, must be unanimous to convict Peremptory challenge- a limited amount of people that each attorney can remove for no reason