Fluent Essays

Module 5 Discussion Students are required to complete discussions based on a specific topic or question. Your response needs to be a minimum of 250 words.  Responses will be graded based on content knowledge, accuracy, cohesion, and grammar/spelling. Each student must post an initial response to the topic/questions posed by the instructor and must respond at least two other students responses in order to receive full credit. In addition you must answer all questions posed by the instructor.  This helps you facilitate a better understanding of the topic or question being discussed. Make sure that your replies have substance and say more than, I agree with you. In addition you MUST cite your references including your textbook. Post all your responses in the discussion board provided. If you have any questions contact your instructor. Questions:  From chapter 13, state the test the Court used to determine whether the prosecutor’s peremptory challenges were race-based. Criminal Procedure 10th Edition Joel Samaha © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Court Proceedings II: Trial and Conviction Chapter 13 © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› After the Decision to Charge After the decision to charge, court proceedings divide into two forms: Adversarial proceedings, taking place inside the courtroom. Informal negotiations, taking place outside the courtroom. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Applicable Constitutional Amendments ARTICLE III, § 2 The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the Crimes shall have been committed. THE FIFTH AMENDMENT No person shall be . . . compelled in any criminal case to be a witness against himself. . . . THE SIXTH AMENDMENT 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 . . . To be confronted with the witnesses against him, . . . and to have the assistance of Counsel for his defense. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Setting High Demands Constitutional commands set high demands because criminal convictions can result in great deprivations, including loss of: Liberty Property Privacy Life (sometimes) © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Trials vs. Pleas Only about 5 percent of convictions arise from a trial. The other 95 percent come from guilty pleas. Pleas may be straight guilty pleas or pleas resulting from negotiation. Trials and guilty pleas promote different interests: Trials promote fact-finding by the adversarial process. Guilty pleas promote efficiency. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Trial by Jury The Constitution creates a right to a trial by jury for all crimes, except for “petty offenses.” The Court has used six months’ imprisonment as the dividing line between petty and other offenses. Some traditionally petty offenses violate the “moral seriousness standard” and allow for jury trials. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› 12-Member Jury Requirement There is NO constitutional right to a 12-member jury. The constitutional test consists of two elements: Are there enough jurors to find the truth? Are there enough to allow community participation in decision making? Ballew v. Georgia (1972): A five-member jury is not good enough. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Jury Selection The Sixth Amendment guarantees you the right to an “impartial jury” that represents a “fair cross section” of the community. The Fourteenth Amendment prohibits the systematic exclusion of members of defendants’ racial, gender, ethnic, or religious group. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Federal Jury Selection Act Most states follow the Federal Jury Selection Act: It requires a random selection from a “fair cross section of the community.” No exclusions can be based on “race, color, religion, sex, national origin, or economic status.” © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Compiling the Juror List In most states, jurors are selected randomly from the following sources: Telephone book Local census reports Tax rolls City directories Driver’s licenses list © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Exemption from Jury Service Most prospective jurors ask to be excused from service. Some groups are ordinarily exempt from jury service: Persons below voting age Convicted felons Persons who can’t write or read English Certain working professionals (doctors, lawyers, pharmacists, judges…) © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Common Excuses for Exemption Common excuses for exemption from jury service include: Economic hardship Advanced age Illness Need to care for small children Distance between home and courthouse © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Voir Dire Prosecutors and defense counsel use voir dire (“to speak the truth”) to select jurors from the jury panel. Peremptory challenges (striking without having to give a reason) are limited by statute. Prosecutors and defense counsel have an unlimited number of challenges for cause (striking biased jurors). Prospective jurors in death penalty cases can be struck for cause if they’re opposed to the death penalty (this ensures a death-qualified jury). © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Right to a Public Trial At all stages of a trial, defendants have the right to a public trial. Public trials protect two distinct rights: Public access—The right of the public to attend the proceedings. Defendant’s rights—The right of defendants to attend their own trials. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Guaranteeing the Right to a Public Trial Three constitutional amendments guarantee defendants the right to a public trial: The Sixth Amendment right to confront witnesses The Fifth Amendment due process right The Fourteenth Amendment due process right © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Public trials protect two distinct rights Public access. The right of the public to attend the proceedings Defendants’ rights. The right of defendants to attend their own trials © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› New slide 17 Limitations on the Public Trial The right to a public trial is not absolute. Judges can limit access in certain cases, such as: Courtroom is too small Undercover agents need protection Certain witnesses need protection Child witness in a sexual abuse case Defendants’ rights are not absolute, either. They cannot be disruptive. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Stages of the Trial Trials progress orderly: Opening statements Presentation of evidence Closing arguments Instructions to the jury Jury deliberations Verdict © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Opening Statements Opening statements let the prosecutor and defense counsel outline their cases to the jury. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Presenting Evidence The state presents first, then the defendant. The state presents admissible evidence to prove guilt beyond a reasonable doubt. The defendant raises reasonable doubt of guilt. Rules of evidence restrict what may be presented. The Sixth Amendment’s confrontation clause includes the right to cross-examine the prosecution’s witnesses and restricts the prosecution’s use of hearsay testimony. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Hearsay Evidence Hearsay isn’t banned absolutely. It cannot be offered, though to prove the truth of statements. The prosecution can introduce hearsay if they can: Demonstrate the witness’s unavailability and, hence, the necessity to use out-of-court statements. Show that the state obtained the evidence under circumstances that clearly establish its reliability. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Compulsory Process The Sixth Amendment guarantees the defendant’s right “to have compulsory process for obtaining witnesses in [his or her]…favor.” Defendants can compel witnesses to come to court to testify for them. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Burden of Proof The prosecution carries the whole burden to prove defendants guilty beyond a reasonable doubt. In doing so, they cannot call defendants to take the stand. The Fifth Amendment provides that “no person…shall be compelled in any criminal case to be a witness against himself…” © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Proof Beyond a Reasonable Doubt Here are some trial court definitions of proof beyond a reasonable doubt: A doubt that would cause prudent people to hesitate before acting in a matter of importance to themselves A doubt based on reason and common sense Substantial doubt Persuasion to a reasonable or moral certainty © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Closing Arguments Closing arguments let the prosecution and defense counsel highlight the salient points of their cases. Prosecution presents first, then the defense, and finally the prosecution rebuts. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Jury Instructions Jury instructions usually inform the jury about the following subjects: The respective roles of the judge to decide the law and the jury to decide the facts The principle that defendants are presumed innocent until proven guilty The principle that the state bears the burden of proof The definition of all the elements of crime with which the defendant is charged Jury room procedures © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Jury Deliberations and Verdicts Jurors deliberate to reach a verdict. Unless it’s a hung jury (unable to reach a verdict), juries return one of three verdicts: Guilty Not guilty Special, mainly related to insanity or capital punishment. If the jury convicts, the case constitutes to judgment—the court’s final decision on the legal outcome of the case. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The “Unanimous Verdict” Requirement There is no constitutional requirement for a unanimous verdict. Verdicts of 11-1 and 10-2 are okay Verdicts in six member juries have to be unanimous. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Arguments for Unanimous Verdicts Unanimous verdicts: Instill confidence in the criminal justice process Guarantee that the jury carefully reviews the evidence Ensure the hearing and consideration of minority viewpoints Prevent government oppression Support the principle that convicting innocent defendants is worse than freeing guilty ones Fulfill the proof-beyond-a-reasonable-doubt requirement © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Jury Nullification Juries nullify the law when they acquit defendants even though they believe they’re guilty beyond a reasonable doubt. Jury nullification reflects a community role as the safety valve to relax the law’s rigidity and provide justice in individual cases. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Conviction by Guilty Plea There are two types of guilty pleas: Straight guilty pleas—Defendants plead guilty without concession. Negotiated guilty pleas—Defendants plead guilty after getting concessions through negotiation. The U.S. Supreme Court decided guilty pleas and plea bargaining are constitutional. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› Historical Developments That Contribute to Guilty Pleas Increasing complexity of the trial process Expansion of the criminal law Increasing crime rates Larger case loads Political corruption in urban courts Increase in the number of criminal justice professionals Increasing statutory powers of prosecutors © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Constitution and Guilty Pleas When defendants plead guilty they waive three rights: The Fifth Amendment right to remain silent The Sixth Amendment right to a trial by jury The Sixth Amendment right to confront witnesses against them SCOTUS has rule that to give up these constitutional rights defendants Pleas must be voluntary and knowing. Judges must determine there’s a factual basis for the plea. If judges fail to ask defendants questions regarding their plea in open court it is a reversible error. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Plea-Bargaining Debate (Slide 1 of 2) Some say negotiation better serves the search for truth; others argue that the adversarial process is better. Some maintain guilty pleas save time; others contend plea negotiations more than make up for the time it takes to go to trial. Some insist the criminal justice system would collapse under its own weight if only a few of the now vast majority of defendants who plead guilty asserted their right trial; others contend plea bargaining would make little difference in how many defendants plead guilty. Some maintain the guilty plea intimidates the innocent and emboldens the guilty; other say outcomes between jury trials and guilty pleas don’t differ much at all. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#› The Plea-Bargaining Debate (Slide 2 of 2) The public and police usually oppose plea bargaining. Plea bargaining in the “shadow of trial” model: Prosecutors, judges and defense attorneys act rationally. Split the cost. Plea bargaining outside the “shadow of trial” model: Legally irrelevant factors sometimes skew the fair allocation of punishment. Bounded rationality refers to the strongly documented finding that people don’t “attempt to ruthlessly maximize utility.” Information deficits: Defendants may not know what evidence the prosecution has or how it will affect jurors. © 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. ‹#›