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Trial Rights

Trial Rights. The Selection of the Jury Voir Dire and Equal Protection The Right to a Speedy Trial The Right to a Public Trial The Right to a Trial By Jury The Right to Confront Witnesses The Right to Proof Beyond a Reasonable Doubt. Selection of the Jury. Choosing from the venire

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Trial Rights

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  1. Trial Rights • The Selection of the Jury • Voir Dire and Equal Protection • The Right to a Speedy Trial • The Right to a Public Trial • The Right to a Trial By Jury • The Right to Confront Witnesses • The Right to Proof Beyond a Reasonable Doubt

  2. Selection of the Jury • Choosing from the venire • Jury Pool • Fair Cross-Section of Community • Taylor v. Louisiana (1975)

  3. Voir Dire and Equal Protection • Voir Dire examination of jury pool • Challenges for cause • Peremptory challenges • Jury selection experts • Equal Protection issues • Racial – Batson v. KY (1986) • Gender – JEB v. AL (1994) • Prosecution’s use – GA v. McCullum (1992) • Defendant’s use – Powers v. Ohio (1991)

  4. Right to Speedy Trial • Sixth Amendment right – not very specific • Barker v. Wingo (1972) factors to balance in determining if right violated: • Length of delay • Reason for delay • Whether defendant asserted right • Whether delay caused prejudice • Federal Speedy Trial Act

  5. Right to Public Jury Trial • In re Oliver (1948) • Ensures fairness and public scrutiny • Related 1st Amendment right of the press • Trial judge discretion to close trial to public if it would jeopardize defendant’s right to fair trial

  6. Right To Trial By Jury • Duncan v. Louisiana (1968) • Non-petty flexible rule, but consider 6 month incarceration as guideline • Right may be waived • Size of juries • Federal trials • Williams v. FL (1970) – six is acceptable • Unanimity of juries • Federal requires unanimous • Johnson v. Louisiana (1972) – 9 out of 12, acceptable • Burch v. Louisiana (1979) – 5 out of 6 not acceptable • Death Penalty cases

  7. Right to Confront and Cross-Examine Adverse Witnesses • Sixth Amendment right to ensure fairness and accuracy • Not absolute right • Maryland v. Craig (1990) – Child cases • Hearsay evidence • General rule against it • Exceptions

  8. Right to Proof Beyond a Reasonable Doubt • In re Winship (1970) • Prosecution’s case-in-chief • Affirmative defenses • E.g. insanity, self-defense, etc. • Defendant makes prima facie showing • BOP shifts to prosecutor to show defense not applicable beyond a reasonable doubt

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