1 / 10

Chapter 6 Place and Time of Trial

Chapter 6 Place and Time of Trial. This chapter examines Constitutional requirements regarding place of trial Venue Competency Speedy trial Statute of limitations Continuances. Competency to Stand Trial. Refers to defendant’s mental state at trial time.

rinah-foreman
Télécharger la présentation

Chapter 6 Place and Time of Trial

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Chapter 6Place and Time of Trial • This chapter examines • Constitutional requirements regarding place of trial • Venue • Competency • Speedy trial • Statute of limitations • Continuances

  2. Competency to Stand Trial • Refers to defendant’s mental state at trial time. • If no issue is raised, assumed defendant is competent to stand trial. • Burden of presenting evidence as to competency is on defense. • Clear and convincing requirement disapproved by Supreme Court.

  3. Test for Competency to Stand Trial • Does the defendant lack the capacity to understand the nature and object of the proceedings? • Does the defendant lack the capacity to assist counsel in preparing a defense?

  4. Cooper v. Oklahoma • Permissible to place the burden of establishing a lack of competency on defense. • May not require that the defense establish lack of competency by clear and convincing standard.

  5. Venue • Place of trial • Sixth Amendment—right to be tried in the judicial district in which the crime is alleged to have been committed. • Venue may be waived. • Defense may submit a motion for a change of venue if the defense feels a fair trial cannot be held in the district in which the crime was committed.

  6. Speedy Trial • Sixth Amendment right • Most states have speedy trial statutes • Time for speedy trial issues starts when criminal proceedings are begun against defendant • Statute of limitations rights start from date of offense until prosecution begins

  7. Continuances • Requests for trial continuances must be addressed to the trial judge. • Trial judge has great discretion as to whether a continuance will be granted.

  8. How Speedy Trial Rights Differ from Other Defendant’s Rights • Often, a delay helps the defense more than the prosecution. • Delay is a common defense tactic. • Constitutional right to a speedy trial is a vague concept.

  9. Statutory and Constitutional Rights to a Speedy Trial • Statutory right • Rights depend on state statute • Generally based on certain time requirements, e.g., trial must be held within 180 days. • Constitutional right not precise and based on • Whether delay prejudiced defense • Did defense demand speedy trial rights? • Cause of the delay • Length of delay

  10. Smith v. Hooey • Out of state incarceration involved • State must request defendant from other state • Otherwise defendant’s right to a speedy trial may be violated.

More Related