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Week 10 Notes

by: Nicole Wolfe

Week 10 Notes CJ 342

Nicole Wolfe

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About this Document

These notes cover the first part of chapter 18. I missed class on the 24th and didn't get the notes for that class period I am sorry for the inconvenience..
Criminal Procedure
Kristi Venhuizen
Class Notes
Criminal Justice
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This 4 page Class Notes was uploaded by Nicole Wolfe on Thursday March 31, 2016. The Class Notes belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 52 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.

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Date Created: 03/31/16
Chapter 18 Early trials  Trial by compurgation – the accused would recruit men to attest to his honor  Trial by ordeal – if the accused survived torture by fire or water it was believed God had intervened to prove the man’s innocence  Magna Carta – granted the right to a trial by your peers as we recognize today Constitutional Rights  Common law – weren’t always afforded fair trials o Star chamber – acted in secret, without juries, and no legal protections o Purpose to punish opponents of the crown  Bill of Rights created to ensure that nothing like the Star Chamber would ever occur in this country  Sixth amendment: o Public and speedy trial o Impartial jury o Informed of the nature of the offense o Confront witnesses o Assistance of counsel  Applicable to the states through the Fourteenth Amendment  Compulsory process – use of a subpoena to compel witnesses to appear in court o N.D.R. Crim. P. 17  Open public trial: o This right is not absolute and can be limited to protect the defendant’s rights or interests o No right to a private trial  Decision to close trial is left to discretion of the court: o Overriding interest that is likely to be prejudiced o Closure must be no broader than is necessary to protect the interest o Court must consider reasonable alternatives o Court must make findings adequate to support the closure  Right to counsel: o Judge not required to allow a minimally competent defendant to elect self- representation o Violation to not allow a defendant and attorney to consult during an overnight recess o Not a violation to prohibit a defendant and attorney to consult during a brief trial after defendant testified on direct examination  Sixth amendment guarantees the right to a trial by jury o The accused may waive the right to a jury trial and have a bench trial o No right to a jury trial for juveniles o Not applicable to military tribunals o Applies to the states through the 14  Right to a jury trial in criminal cases where there is a penalty of more than six months imprisonment (petty offenses) o Baldwin v New York, 399 US 66 (1970)  Not entitled to a jury trial if the possible sentence of multiple petty offenses may add up to more than six months in prison o Lewis v United States, 518 US 322 (1996)  States can give greater protections than guaranteed under the US Constitution Selection of the Jury  Common law juries consisted of 12 men  All states require 12 member juries for capital cases and in most felony cases o Most states allow for fewer numbers for misdemeanor cases  N.D.C.C. 29-17-12  N.D.C.C. 29-16-02  N.D.R Crim. P. 23  Qualifications to be a juror: o Must be 18 years of age o Must be a resident of the state or district o Convicted felons cannot serve unless their civil rights have been restored  Venire – the body of persons summoned to be jurors  Voir dire – the process of examining the jury panel o Objective to find people who can render a verdict fairly and impartially o Conducted by the attorneys or the judge  Challenges for cause – excusing a juror because they cannot be fair and impartial  Peremptory challenges – excusing a juror without having to state a reason o Cannot be racially or gender based  Alternate jurors – sit with the jury but only participate in the deliberation if one of the jurors in unable to participate  “Death-Qualified” Juries – designed to obtain a jury that can properly and impartially apply the law to both the facts of the case and the sentencing phases of the trial  N.D.R. Crim. P. 24  N.D.C.C. 27-09.1-05  N.D.C.C. 27-09.1-07  N.D.C.C. 27-09.1-08  N.D.C.C. 27-09.1-11  N.D.C.C. 27-09.1-14  N.D.C.C. 29-17-30  N.D.C.C. 29-17-34  N.D.C.C. 29-17-35  N.D.C.C. 29-17-36 Free Press v. Fair Trial  First Amendment – guarantees freedom of the press o Can conflict with defendant’s right to a fair trial before an impartial jury  Courts have the duty to protect defendant’s right o Proscribe out of court statements o Insulate witnesses and sequester the jury o Most courts have the discretion to allow, disallow, or limit media coverage  Cameras in the courtroom: o 197s many state courts began allowing radio, television, and still-camera coverage subject to some limitations o Supreme Court has declined to disallow media in state courts but stated defendants should have the right to show if the media coverage interfered with a fair trial o Rule 53 of the Federal Rules of Criminal Procedure still prohibits the taking of photographs in federal court proceedings “Order in the Court”  Contempt – authority granted to judges to help them keep order in the court o Easy to exercise control over the public o 3 options:  Bind and gag  Cite for contempt  Be put in jail or fined  Take him out of courtroom  Sixth Amendment protects the defendant’s right to be present at every critical stage of the proceeding o May be forfeited if the defendant is disruptive or fails to comply with reasonable standards o Can use reasonable standards to secure a disruptive defendant  Shackles: o Can be used to control a disruptive defendant o Can be used for courtroom security purpose o May have a prejudicial effect on the jury  Behavior of counsel: o Attorneys bound by strict ethical standards  Cannot misstate facts or points of law  Address arguments to court, not counsel  Avoid disparaging remarks  Refer to people by surnames  Refrain from gestures of disapproval  Cannot express personal opinion  Abstain from flattery o Court can discipline an attorney that does not abide by those standards o Judges are hesitant to reprimand an attorney in front of the jury because it can have detrimental effect on the case Rules of Evidence  Evidence used to determine guilty or not guilty o Verbal statements, writing, documents, photos  Rules of evidence strictly enforced in a criminal jury trial o Can be more loosely applied in a bench trial  Judicial notice – facts commonly known are accepted by courts without formal proof  Proof beyond a reasonable doubt o Judges have wide discretion in instructing juries on the meaning of this standard  Evidentiary presumptions: o Irrebuttable presumption – no evidence can be produced to overcome it  Ex: a 7 year old presumed incapable of committing a crime o Rebuttable presumption – evidentiary devices designed to assist the party with the burden of proof but can be overcome or rebutted  Ex: noise that can be heard at 50 feet is too loud  All evidence must be relevant – must tend to prove or disprove a material fact in issue o N.D.R. Evid. 401 o N.D.R. Evid. 402  Classification of evidence: o Real evidence – maps, blood samples, x-rays, photographs, stolen goods, fingerprints, knives, guns, and other tangible items o Testimonial evidence – sworn statements of witnesses o Direct evidence – eyewitness testimony o Indirect evidence – circumstantial evidence, attendant facts from which inferences can be drawn to establish other facts  No difference in the weight given various types of evidence  Evidence must be competent o Court must determine the ability of the witness to receive and recollect impressions, to understand questions, and to appreciate the moral duty to tell the truth o No precise rule – left to the determination of the court  Ex: children and persons of unsound mind o N.D.R. Evid. 601  Expert witnesses – must have the proper credentials and be received by the trial court as an expert o Can respond to hypothetical questions and may express opinions within the realm of his or her expertise o N.D.R. Evid. 702  Scientific Evidence o Must be relevant o Frye or general acceptance test o Daubert


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