Preliminary Hearing Mini trial: -detention -charges/rights -prosecution case/not defense -Prima facie7 CRIMINAL JUSTICE TODAY, 10E
Plea Bargaining 8-prosecution/defense/victim/judge-guilty pleas-conviction-90% CRIMINAL JUSTICE TODAY, 10E
9 THE CRIMINAL TRIAL 2009 PearsonEducation, Inc
The Nature and Purpose of the Criminal Trial: 10 Formalized:-due process-rules (formal/informal)-guilt/innocence CRIMINAL JUSTICE TODAY, 10E
Stages in a Criminal Trial 11 CRIMINAL JUSTICE TODAY, 10E
Trial Initiation and the Speedy Trial 12 6th Amendment: -speedy/public trial Klopfer v. North Carolina (1967) fundamental guarantee Baker v. Wingo (1972) violated even w/o objection Strunk v. U.S. (1973) CRIMINAL JUSTICE TODAY, 10E
7.5 Major Provisions of the Justice for All Act of 2004 (The Act amends the federal criminal code to grant crime victims specified rights.) 1. The right to be reasonably protected from the accused. 2. The right to be reasonable, accurate, and timely notice of any public court proceeding or any parole proceeding involving the crime, or of any release or escape of the accused. 3. The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding. 4. The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding. 5. The reasonable right to confer with the attorney for the Government in the case. 6. The right to full and timely restitution as provided in law. 7. The right to proceedings free from unreasonable delay. 8. The right to be treated with fairness and with respect for the victim’s dignity and privacy.
CHAPTER SUMMARY What is the basic legal philosophy of a trial in the U.S. legal7.1 system? What are the guidelines for determining which court has limited7.2 jurisdiction over a crime?7.3 What are the major pretrial proceedings?7.4 How do the Sixth Amendment and the Speedy Trial Act of 1974 affect a trial? What are the roles of the various people involved in a criminal7.5 trial?
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