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Ch 14 – The Trial
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Defendant’s Rights Name School Class Date Pretrial A proceeding held by a judge, arbitrator, etc., before a trial to simplify the issues of law and fact and stipulate certain matters between the parties, in order to expedite justice and curtail costs at the trial. access.org The pre-trial process starts when a pre-trial judge gives his/her confirmation about an indictment. The indictment can remain sealed after being confirmed to make sure of the participation of the defendant at trial. Take note that the pre-trial judge has power to issue arrest warrants and summonses to appear. Many citizens usually think that the real action in criminal courts takes place during trials. However, they are wrong in this assessment. Over 90% of the criminal cases are usually disposed by the guilty pleas and not trials. Most of these guilty pleas are outcomes of agreements made between defense attorneys and prosecutors. * Speedy Trial The Sixth Amendment of the United States constitution guarantees those accused of a criminal offense a speedy trial. Coindesk.com According to the amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”Speedy trial is mostly reached through an impartial jury. This implies that the defendant must appear for a trial for his/her alleged offenses within a reasonably shorter period of time after his/her arrest. Similarly, before the defendant is convicted of many crimes, he/she has a constitutional right being tried by a jury where he must be found guilty before the actual trial. Although most states in the United states have laws which are set where trial must be conducted after the charges are filed, the issue of knowing whether the trial is speedy under Sixth Amendment or not comes down according to the circumstances. * Speedy Trial Cont.. As the offender is entitled to a speedy trial. The victim and the victim's family should be entitled to see a speedy administration of justice. Waiting 10 years to see justice is further offensive to the family. By: John Ross QUOTEHD.COM Impartial Judge The judge have power in both common and civil law criminal justice systems. The U.S. Constitution guarantees the right to trial by unbiased and impartial judge.In the legal system of the United States, judicial impartiality is a basic concept component for justice. The criminal justice system gives judges a lot of power in both common law and civil law. This power is however disproportionally large as compared to both the prosecutor and criminal defense lawyer. The U.S. constitution guarantees the right to trial by unbiased and impartial judge. ...
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S i x t h E d i t i o n Criminal Procedure CONSTITUTION AND SOCIETY Marvin Zalman Wayne State University R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U Copyright © 2011, 2008, 2005, 2002 Pearson Education, Inc., publishing as Pearson Education, 1 Lake Street, Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, Pearson Education, 1 Lake Street, Upper Saddle River, New Jersey 07458. Library of Congress Cataloging-in-Publication Data Zalman, Marvin. Criminal procedure : constitution and society / Marvin Zalman.—6th ed. p. cm. Includes bibliographical references and index. ISBN 978-0-13-245761-3 (alk. paper) 1. Criminal procedure—United States. 2. Criminal investigation—United States. 3. Civil rights—United States. I. Title. KF9619.Z35 2010 345.73�05—dc22 2009053938 10 9 8 7 6 5 4 3 2 1 ISBN 10: 0-13-245761-X ISBN 13: 978-0-13-245761-3 Editor in Chief: Vernon Anthony Acquisitions Editor: Eric Krassow Editorial Assistant: Lynda Cramer Director of Marketing: David Gesell Marketing Manager: Adam Kloza Senior Marketing Coordinator: Alicia Wozniak Marketing Assistant: Les Roberts Senior Managing Editor: JoEllen Gohr Project Manager: Jessica H. Sykes Senior Operations Supervisor: Pat Tonneman Operations Specialist: Deidra Skahill Art Director: Jayne Conte Cover Art: Mollica Design Media Director: Michelle Churma Lead Media Project Manager: Karen Bretz Full-Service Project Management: Sowmyaa Narayani/ Madhavi Prakashkumar Composition: S4 Carlisle Publishing Services Printer/Binder: Edwards Brothers Cover Printer: Lehigh/Phoenix Color/Hagerstown Text Font: 10/12 Times R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U C H A P T E R 6 The Right to Counsel It is a fundamental principle of our constitutional scheme that government, like the individual, is bound by the law. We do not subscribe to the totalitarian principle that the Government is the law, or that it may disregard the law even in pursuit of the lawbreaker. —JUSTICE ABE FORTAS, DISSENTING, Alderman v. United States, 394 U.S. 165, 202 (1969) It is during our most challenging and uncertain moments that our Nation’s commitment to due process is most severely tested; and it is in those times that we must preserve our commitment at home to the principles for which we fight abroad. —JUSTICE SANDRA DAY O’CONNOR, Hamdi v. Rumsfeld, 542 U.S. 507, 532 (2004) 293 CHAPTER OUTLINE THE DEVELOPMENT OF THE RIGHT TO COUNSEL TO 1961 Powell v. Alabama: The Scottsboro Case After Powell: Toward Incorporation The Equa.
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