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5th Amend. Cont. 6th Amendments

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5th Amend. Cont. 6th Amendments Weeks 8-- – PowerPoint PPT presentation

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Title: 5th Amend. Cont. 6th Amendments


1
5th Amend. Cont. 6th Amendments
  • Weeks 8--

2
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 courtsrequired
  • State courtsalternative use of prelim

3
6TH AMENDMENT
  • 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

4
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

5
PUBLIC TRIAL
  • COURTROOM NOT CLOSED
  • DOES NOT GUARANTEE RIGHT TO PRESS (1ST AMENDMENT)
  • DEFENDANTS RIGHT
  • NO RIGHT TO HAVE CAMERAS
  • DOES NOT APPLY IN JUVENILE CASES

6
IMPARTIAL JURY
  • CALIFORNIA JURY SELECTION PROCESS
  • DMV/VOTER REGIS
  • KNOWLEDGE OF FACTS/PARTIES DOES NOT AUTOMATICALLY
    DISQUALIFY
  • FAIRNESS IS THE ISSUE

7
VENUE
  • TRIAL IN COUNTY/DISTRICT OF CRIME GUARANTEES JURY
    FROM STATE AND DISTRICT OF CRIME
  • VENUE CAN BE CHANGED AT DEFENDANTS REQUEST

8
INFORMED OF CRIME
  • TAKES PLACE AT ARRAIGNMENT

9
RIGHT TO CONFRONT WITNESSES
  • RIGHT TO USE SUBPOENAS

10
ASSISTANCE OF COUNSEL
  • ISSUES
  • RIGHT TO COURT APPOINTED COUNSEL
  • WHEN RIGHT ATTACHES
  • COMPETENCY OF COUNSEL
  • RIGHT ON APPEAL

11
RIGHT TO COUNSEL
  • 6TH AND 14TH AMENDMENT RIGHTS
  • INCLUDES COURT APPOINTED FOR INDIGENTS
  • POWELL V. ALABAMA
  • BETTS V. BRADY
  • GIDEON V. WAINRIGHT
  • IN CALIF. APPLIES TO MISD. AND FELONIES

12
RIGHT TO COUNSEL
  • EFFECTIVE COUNSEL
  • DOES ATTACH BEFORE COURT PROCEEDINGS BEGIN
  • DUTIES AND ETHICAL CONCERNS ZEALOUS
    REPRESENTATION

13
Pretrial Proceedings--Misdemeanor
  • Arraignment
  • Pretrial Hearing
  • Trial

14
Pretrial Proceedings--Felony
  • Complaint Filed
  • Arraignment
  • Preliminary Examination
  • Information filed
  • Second Arraignment
  • Motions
  • Trial

Or Grand Jury and Indictment
15
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,

16
METHODS OF PROOF
  • JUDICIAL NOTICE
  • FACTS THAT ARE COMMON KNOWLEDGE DO NOT HAVE TO BE
    PROVEN
  • PRESUMPTIONS
  • CONCLUSIVE OR REBUTTABLE
  • STIPULATIONS
  • AGREEMENTS

17
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

18
CRIMINAL PROCEDURE CONCEPTS
  • ELEMENTS OF CRIME MUST BE PROVED
  • SUSPECT MUST BE IDENTIFIED
  • CAN BE BY CIRCUMSTANTIAL EVIDENCE

19
Trial Procedure
  • Jury SelectionVoir dire
  • Preliminary Instructions/Reading Accusation
  • Opening Statements
  • Prosecutors Case in Chief
  • Defense
  • Rebuttal
  • Arguments
  • Instruction

20
Evidence
  • Direct vs. Circumstantial
  • Testimony
  • Documentary
  • Real Evidence
  • Demonstrative
  • Judicial Notice
  • Stipulations

21
Possible Verdicts
  • Guilty
  • Acquittal
  • Hung Jury

22
Sentencing
  • Concurrent
  • Consecutive
  • Determinate v. Indeterminate
  • Death Penalty Cases
  • Probation
  • Restitution
  • Registration

23
Alternative Sentences
  • Work Furlough
  • Treatment
  • Community Service
  • Home Detention

24
Parole
  • Early Release (Text book incorrect)

25
Post Conviction Remedies
  • Appeal
  • Habeas Corpus
  • Executive Clemency

26
Juvenile Proceedings
  • No Jury Trial
  • No Public Trial
  • Sentencing
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