CP Exam 4: Chapter 13

Cross Section of the Community: Glasser v. United States

The 6th amendment requires that a federal jury be drawn from a fair cross section of the community in which the crime has been committed.

Reasonable Doubt: In re Winship

The Due Process Clause "protects the accused from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged". Reasons: 1. Presumption of innocence. 2. False convictions. 3. Seriousness of criminal convictions. 4. Community confidence.

Criticisms of Plea Bargains

1. Disparity. 2. Innocent individuals. 3. Administrative convenience.

Pretrial Motions

1. Double Jeopardy. 2. 5th amendment. 3. An individual may not be prosecuted more than once for the same offense or punished more than once for the same crime. 4. United States v. Difrancesco.

Motion to suppress

1. 4th amendment- Evidence obtained in violation of this may be suppressed. 2. 5th amendment Miranda requirements. 3. Exclusionary rule.

Rights that are lost in a Plea Bargain

1. 5th amendment right against self-incrimination. 2. 6th amendment right to a criminal trial. 3. 6th amendment right of a defendant to confront a witness.

Jury Unanimity

1. 6th amendment. 2. 48 states follow the requirement in Rule 31 of the Federal Rules of Criminal Procedure and require that a verdict shall be unanimous. 3. Examples: a. Apodaca v. Oregon. b. Johnson v. Louisiana. c. Burch v. Louisiana.

Public Trial

1. 6th amendment. 2. A central component of due process. 3. One of the first rights incorporated into the 14th amendment. 4. Applies to all hearings related to the trial. 5. Designed to protect defendants from being subjected to secret trials. 6. Press and public may excluded from a preliminary hearing where there is a substantial probability that the publicity will prejudice the defendant's right to a fair trial and there are no reasonable alternatives to closing the hearing. 7. Proceedings may be closed to protect juveniles alleged to have been the victims of sexual abuse.

Compulsory Process

1. 6th amendment. 2. An individual shall have "compulsory process for obtaining witnesses in his favor". 3. Defendant has the right to obtain witnesses, documents, and other evidence that are required to defend themselves. 4. Defendant has the right to present witnesses, documents, and other evidence at trial and to present to a criminal defense.

Confrontation

1. 6th amendment. 2. Confrontation clause- Guarantees a defendant the right to be present in the courtroom and to confront the witnesses and evidence against them. 3. Based on a concern with ensuring the accuracy of trials. 4. Issue of sexual molestation of juveniles.

Speedy Trial

1. 6th amendment. 2. Klopfer v. North Carolina: "one of the basic rights preserved by our constitution".

Opening Statement

1. A brief verbal presentation of the evidence that a lawyer plants to represent. 2. Lawyers are not to refer to evidence reasonably believed to be inadmissible later on. 3. Should be used to make an impassioned argument or emotional appeal.

Peremptory Challenge

1. A juror who has made their mind up cannot fairly and impartially weigh the evidence, should not serve on the jury, and should be struck for cause. 2. A challenge that is "exercised without a reason stated, without inquiry, without being subject to the court's control". 3. Swain v. Alabama: Considered fundamental to a fair trial and "one of the most important of the rights secured to the accused".

Hearsay

1. A witness testifying as to what someone else said outside the courtroom. 2. Violates the confrontation clause. 3. Is allowed in certain, limited circumstances. 4. Ohio v. Roberts, Hardy v. Cross, Crawford v. Washington, Davis v. Washington, Michigan v. Bryant, Ohio v. Clark.

Burden of Proof

1. Adversarial trial process. 2. Two components: a. A criminal conviction carries serious consequences and that the gov't must bear the burden of criminally convicting a defendant and depriving them of their liberty. 3. 5th amendment: "no person... shall be compelled in any criminal case to be a witness against himself".

Constitutional Right to a Jury Trial

1. Article III, Section 2 of the Constitution. 2. 6th amendment.

Change of Venue

1. Article III, Section 2 of the Constitution. 2. Trial by jury of the vicinage. 3. Groppi v. Wisconsin: A state is required to allow a change of venue in those instances in which a defendant demonstrates that a fair trial cannot be achieved in the district.

Presentation of Evidence

1. Case-in-chief. 2. Presented by prosecution. 3. Cross-examination. 4. Motion for a judgement of acquittal. 5. Rebuttal.

Reasons for the Cross Section Requirement

1. Decision-making: Jury should represent the commonsense judgement of a cross section of the community. 2. Impartial jury: Ensures neither the prosecution nor the defense has an advantage. 3. Civil Rights.

Arraignment

1. Defendant is brought before a judge, is informed of the charges, and required to enter a plea. 2. Four possible pleas: a. Not guilty. b. Not guilty by reason of insanity. c. Nolo contendere- I do not want to contest the criminal charges. Requires permission of the court. d. Guilty.

Cases that address the right to a jury trial

1. Duncan v. Louisiana: Juries are not necessary for less serious crimes. 2. Baldwin v. New York: Supreme Court held that a New York ordinance that prohibited jury trials in crimes with penalties punishable by up to one year in prison was unconstitutional 3. Codispoti v. Pennsylvania: An individual charged with contempt must be provided with a jury trial. 4. Blanton v. City of North Las Vegas: 6th amendment does not guarantee a jury trial for petty crimes or offenses. 5. Lewis v. United States.

Essential Features of Indictment

1. Essential elements- Essential legal elements of the crime. Includes the required criminal intent and criminal act. 2. Factual specificity- The defendant's intent and acts that constitute the crime.

Challenge to Judges

1. Federal "challenge for cause" and similar state statutes permit a lawyer to file a motion to remove a judge from a case based on a demonstration that a judge is biased. 2. Recusal. 3. Caperton v. A.T. Massey. 4. William v. Pennsylvania.

Grand Jury Indictment

1. Grand jury can take several courses of actions: a. True bill- Jury agrees that an individual has committed a crime and returns a true bill that indicates the vote of the jurors supporting the indictment. Issued in most cases. 2. No bill- Evidence does not support that an individual should be brought to trial and issues a no bill. Prosecutors may seek an indictment before another grand jury for the same offenses. 3. Presentment- Jury votes to undertake an investigation that goes beyond the indictment. Often called a runaway grand jury. Is a report filed with the court that may name the individuals whom the jury finds engaged in criminal activity.

Jury Instructions

1. Issued by the judge prior to the jury discussing the defendant's guilt or innocence. 2. These instructions are typically given following the closing arguments. 3. There is a standard pattern of jury instructions. 4. The instructions are often given in technical legal language.

Cross-Examination

1. John Henry Wigmore: the "greatest" contribution of the common law and the "greatest legal engine ever invented for the discovery of the truth". 2. To determine whether a witness's testimony can withstand questioning that probes the witness's accuracy, consistency, and objectivity. 3. Davis v. Alaska. 4. Olden v. Kentucky.

Jury Deliberations

1. Jurors are ordinarily provided with copies of the charges and jury instructions. 2. The judge may allow jurors to view exhibits that were introduced into evidence. 3. Judges have the discretion to permit jurors to take notes during trial. 4. In "deadlock" juries, the judge may order the jurors to deliberate for a reasonable period of time before dismissing the hung juries. 5. Allen or dynamite charge used in deadlock juries. 6. The defense and prosecution may request that the judge poll the jury. Involves asking each juror whether they agree with the verdict.

Voir Dire Requirement

1. Of the upmost importance in ensuring the protection of a criminal defendant's 6th amendment right to an impartial jury. 2. Involves questioning the potential jurors. 3. Rule 24 of the Federal Rules of Criminal Procedure. 4. The most important US Supreme Court case regarding racial prejudice and voir dire is Ham v. South Carolina.

Guilty Pleas

1. Plea bargains: The defendant agrees to plead guilty or nolo contendere in return for a benefit from the prosecution.

Closing Arguments

1. Prosecutor, defense, prosecutor. 2. Herring v. New York: The closing argument is a vital part of the adversarial process because it permits both sides to submit their complete case to the jury. 3. The ABA suggests limitations on the types of arguments. 4. Examples: a. Dunlop v. US b. Donnelly v. DeChristoforo. 4. The invited response doctrine is used by the courts to evaluate the impact of a prosecutor's remarks.

Three types of Plea Bargains

1. Reduction or dismissal of criminal charges. 2. Reduction of sentence. 3. Sentence recommendation.

Benefits of Plea Bargains

1. Responsibility- Defendant takes responsibility for their actions. 2. Flexibility- Creative sentencing alternatives such as drug treatment and probation. 3. Victim benefits- Avoids subjecting victims to the painful experience of a trial. 4. Cooperation- The defendant may agree to cooperate with the police or prosecutor in other investigations and prosecutions.

Selecting a Grand Jury

1. Selects from a pool of individuals called to serve is termed purging the grand jury. 2. The pool is randomly selected from the list employed to select the petit jury. 3. The selection of the members of the grand jury is carried out by the prosecutor in the presence of a judge. 4. A few states continue to use the key-man system, in which the grand jury is selected by a group of influential members of the community. 5. Vasquez v. Hillery established the automatic reversal rule- Deters prosecutors from discriminating in the selection of grand jurors.

Preliminary Hearing

1. Should be held within 10 days to determine whether the defendant should be bound over for trial or bound over to a grand jury. 2. The purpose is to determine whether there is sufficient evidence to subject the defendant to criminal prosecution. 3. The defendant has a right to representation by a lawyer. 4. Most states adhere to the probable cause standard, while a minority of states adhere to the prima facie approach. 5. Prima Facie- indictment states, information states, and modified indictment states.

Jury Nullification

1. Should the jury find a law unfair, they may refuse to find the defendant guilty and vote to acquit. 2. Juries voting their conscience rather than law. 3. Examples: a. Sparf and Hansen v. US. b. United States v. Washington. c. United States v. Dougherty. 4. Can only find defendants not guilty, not vice versa.

Grand Jury

1. The 5th amendment provides that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury". 2. Rule 7 of the Federal Rules of Criminal Procedure requires indictment by a grand jury for federal offenses punishable by death or for crimes punishable by more than 1 year in prison. 3. Hurtado v. California addressed whether states are required to provide a grand jury indictment.

Equal Protection Clause

1. The Supreme Court has interpreted this as prohibiting the international exclusion of individuals from jury service because of their race, ethnicity, religion, or gender. 2. Norris v. Alabama establish the rule of exclusion.

Overall view of trials

1. The government is required to establish probable cause to bring the case to trial. 2. This is followed by the formal charging of a criminal offense at the arraignment and the defendant's entry of a formal plea. 3. Selection of the jury. 4. The trial itself. 5. The vast majority of criminal cases are decided by the defendant's plea of guilty, and the question arises whether this desirable.

Grand Jury Investigations

1. The grand jury possesses several powers that make it a particularly powerful arm of the prosecutor in investigating criminal activity. a. Defense attorney- Defense attorney must wait outside at the hearing. b. Right against self-incrimination. c. Testimony- Individual has no right to testify against the grand jury. d. Law of evidence e. Exculpatory evidence f. Subpoena g. Secrecy- Proceedings are conducted in secret.

Duration

1. The term of a federal grand jury is 18 months, with the possibility of a 6 month extension. 2. The time required for a grand jury to complete its task depends on the function of a particular jury.

The Twelve-Member Jury Requirement

1. Thompson v. Utah: The 6th amendment follows the common law and guarantees an individual a jury composed of 12 peers, neither more or less in federal courts. 2. Williams v. Florida: States are not required to use 12-member juries. 3. Ballew v. Georgia: 5 jurors is too few.

Jury Selection

1. Venire refers to the jury pool where a petit panel is selected typically based on names drawn from voter registration lists or lists of taxpayers of lists of licensed drivers over 18 years old. 2. Basic guidelines: a. Random selection. b. Discrimination. c. Fair cross section- Individuals called to serve should reflect a cross section of the community. d. Exemption.

Voir Dire

Refers to the questioning of individuals to determine who is to serve on the jury. The prosecutor and defense attorney may remove individuals from the jury pool based on a preremptory challenge (without offering a reason) or based on a challenge for cause (based on bias or prejudice).

Criticisms of Grand Juries

The grand jury remains a controversial institution. 1. Ineffective check- Critics have noted that the grand jury works closely with the prosecutor and rarely refuses to indict a suspect. 2. Unqualified. 3. Non-adversarial. 4. Resources- Grand juries are lengthy processes.

Discovery: Brady v. Maryland

The purpose of the Brady rule is to prevent miscarriages of justice by requiring the disclosure of evidence that may prevent the conviction of an innocent individual or that may result in a reduction in the defendant's sentence.