6th Ammendment

6th Ammendment

Right to counsel, pre-triak & trial proceedings

Due Process of law

Those accussed must given

1. Fair Notice of Charges

2. Fair opportui=nity to rebut charger

On sliding scale

Pretrial

1. Inital Apperance

2. Formal Charging

3. Arraingement

4. Pretrial Motions

Inital Apperance

by statute or if arrested w/ warrent consent requirement

Formal Charging

Happen before or after inital apperance

• Probable cause

• preliminary hearing (information or grand jury)

• Indictment

Prosectiorial discretion

who/what charge, how present case , victims (cant force to testify/drop)

• Judge cant force prosection to dismiss/file charges

Selective prosection (equal protection)

def argues gov unfairly targeted for harges based on race, religeon

• must prve actual and intentional

Information

filed w/ court , probable cause hearing defendent present or represented by attorney

• defence attorney gets to cross exam states witness on record → judge fine PC → bound to trial

Indictment

Grand Jury

• determine if PC to support charges, determined by majority vote

Prosecutors & Grand Jury

total contriol evidence, whats put on the record (unreviewed)

• Evidentiary relaxed → heatsay & illegal seized

Hearsay

is an out-of-court statement offered in court to prove the truth of the matter asserted. Generally inadmissible because the declarant cannot be cross-examined, it includes verbal, written, or nonverbal conduct.

Immunity

shielding them from damages or penalties. It is granted by statutes, authorities, or the Constitution to facilitate official duties, protect government operations, or compel witness not apply across soverigns )

Joinder (state)

defendents and charges

Severance (defense)

separate co-defendants or charges

• , ensuring a fair trial. It is used when a joint trial would cause "clear prejudice," such as when evidence against one defendant improperly harms another or when defendants have conflicting defenses. Severing separates these into individual

Pretrial Motions

• Dismisal → charging document defective or lacks jurisdiction

or

• Evidentiary → supporession evidence( handwriting exp. depose )

Pretrial Publicity/Change of Venue

nature/degree circulated in community,length of time tilll trial, severtity/ notoriety of offense in area jury drawn

Arraingment

Enter plea

• Guilty

• Not Guilty(default)

• Nolo Contendere

• Alford Plea ( guilty but not explictly admit)

Trial Rights

• speedy and public trial

• impartial jury in district/state of crime

• informed by nature & cause of accusation

• confronted by witness

• compulsory process

• assisstance to cousel

Right to cousel

Attach to all critical stages

must attch prior to trial to preserve integrity & effectiveness

Judiciary act of 1790

required fed jedges to assign cousel to indigent defendent in capital cases , where def requests representation

Powell v. Alabama

Established right to effective counsel in Capital Cases (14th Amendment Due Process).

Gideon v Wainwright

Anyone accused must have opportunity to have counsel and is indigent the state need provide counsel

• made retroactive

Scott v Illinois (1979)

State not provide misdemeananet w/ counsel unless could actually be sentanced to jail time

Faretta v Cali (1975)

people have the right to self -representation

Fareetta Haering

Determine that defendent is making voluntary, knowing and intelligent decison

Methods for delivering indigent criminal defense

Public defender

Assigned counsel

contract attorney

Bail - Original Purpose

Show up at trial, excessive if moe then necessary to assure apperance ,

• Based on: ties to community, job, length of residency, foegin contacts, prior jistory of apperance

1st Waive Bail Reform

Make pre-trial release more available

• no bail bondsman

• BRA 1996 preference for release , offered non $ alternative)

  • 10% bond, real estate , Personal recognicance, custody of another

2nd Waive Bail Reform

BRA of 1984

• Allows preventitive detention which could amount to pretrial punishment

• bail can be denied if judge finds no condition can render persons presence in community safe

Judge Considerations for Bail (BRA 1984)

nature/circumstances, crime of violance or drug trafficking( life in prison possible), weight of evidence, history.character , if on type of correctional release, dangerousness of defendent

US v. Salerno

Upheld BRA of 1984; preventitive detention did not violate due process and 8th amm

• administrative not punitive

Plea Bargin

Most common way resolving criminal matters (90% cases)

• Def attorney & prosector reach resolution, must get client and judge approval

Plea Blind

guilty plea entered without any prior agreement from the prosecutor regarding the sentence

Plea Bargins - Prosecutors

Bond by deals once entered

Bordenkicker v. Hayes

Prosecutor threatens higher charges before trial to get a plea.

Bargin Types

1) Charge

2 ) Count

3 ) Sentance

Prosectural Immunity

absolute (charges, presents state) qualified

Judical Immunity

absolute, can’t be sued