Criminal Procedure for the Criminal Justice Professional 11 th Edition

1. Criminal Procedure for the Criminal Justice Professional11th Edition John N. Ferdico Henry F. Fradella Christopher Totten Criminal Trials, Appeals, and Other Post-Conviction Remedies Chapter 15 Prepared by Tony Wolusky

2. Trial by Jury • The Sixth Amendment guarantees a defendant in a criminal prosecution the right to a speedy, public, and impartial trial by jury. • Extended to states through the Fourteenth Amendment • Not granted to juveniles • Not for petty offenses

3. Bench Trials • Defendants who do not wish to be tried by a jury may, with the approval of the court, waive their right to a jury trial and, instead, opt for a non-jury trial known as a bench trial. • Waiver must be voluntary, knowing, and intelligent. • In bench trials, a judge determines guilt or innocence.

4. Jury Selection • Selecting a jury involves several steps: • Summoning the venire • The voir direprocess • Striking potential jurors for cause • Using preemptory challenges • Impaneling the petit jury

5. Classifications of Evidence • Evidence can be classified as: • Testimonial evidence—oral testimony given under oath. • Real or physical evidence—tangible objects and traces of objects. • Scientific evidence—the formal results of forensic investigatory techniques. • Demonstrative evidence—a visual or auditory aid used to assist the fact finder in understanding the evidence (charts, maps, videos, etc.). • Judicial notice—the process whereby the trier-of-fact accepts certain facts as true without the necessity of formal proof (a “short cut” for commonly known matters).

6. Starting Presumptions • At the onset of a trial, there are certain evidentiary “starting points.” Criminal trials start with two presumptions: • Presumption of sanity • Presumption of innocence

7. Evidence and Burdens of Proof • Evidenceconsists of physical objects, testimony, or other things offered to prove or disprove the existence of a fact. The law recognizes two major types of evidence: • Direct evidence—first-hand evidence that does not require presumptions or inferences in order to establish a proposition of fact. • Circumstantial evidence—indirect evidence that requires inferences to be made.

8. Burden of Proof • The burden of persuasion, more commonly called the burden of proof, is the obligation of a party to prove a fact to a certain level • Beyond a reasonable doubt • By a preponderance of the evidence • By clear and convincing evidence. • With affirmative defenses, the defendant has the burden of proof. • The government bears the burden of proof at criminal trials.

9. Order of Evidence Presentation at Trial • Trials go through a series of steps • Trials begin with opening statements, with the prosecution going first. • Prosecutor presents its case-in-chief. • Witnesses are questioned in direct examination and possibly cross-examination. • Defense may move for acquittal or present its case. • Prosecutor may rebuttal. If so, the defense may add further evidence. • Closing arguments are made. • Jury instructions are given. • Jurors deliberate and return with a verdict (or hung jury).

10. Sentencing • Judges typically determine sentencing according to case facts and various sentencing schemes • Indeterminate sentencing • Determinate sentencing, including mandatory sentencing • Judges may use information presented in the Pre-Sentence Investigation Report or victim impact statement to help determine appropriate sentence. • Sentences handed out at a sentencing hearing.

11. Sentencing • What factors impact the judge’s decision on sentencing? • Do you think there are other factors that should be considered? If so, what are they?

12. Sentencing Options • The correctional system contains several sentencing options, including: • Fines • Revocation of government-issued license • Probation • Intermediate sanctions, such as boot camp, halfway house, or work programs • Incarceration in jails or prisons, sometimes followed by parole

13. Judgment • A judgment is the written evidence of the final disposition of the case. It is signed by a judge or the clerk of a court. A judgment of conviction sets forth the plea, the verdict or findings, and the adjudication and sentence.

14. Post-Trial Motions • After the trial the following motions may be made: • Motion for judgment of acquittal • Motion for a new trial • Motion for revision or correction of sentence

15. Remedies After Conviction • A defendant has two major avenues of relief after being convicted of a crime. • Appeal—Not a re-trial, but a review of the legal issues involved in the case. • Writ of habeas corpus—A challenge to the fact or duration of a prisoner’s confinement on constitutional grounds.