CRI 100 Lecture Notes - Lecture 8: Nolo Contendere, Sixth Amendment To The United States Constitution, Adversarial System
Document Summary
Judges decide whether there is probable cause: whether a crime was committed, whether crime occurred within jurisdiction of the court, whether there are reasonable grounds to believe defendant. Information: formal written accusation filed by prosecutor, that alleges that the defendant has committed specified offenses. Criminal trial: rules of evidence govern the admissibility of evidence at criminal hearings and trials, rules vary by jurisdiction, purpose, to determine guilt or innocence, factual vs. legal guilt, to promote adversarial system of fairness, each advocate zealously. Initiation: defendants have right to speedy and public trial under 6th amendment, speedy trial act of 1974, government may not interfere into this right. Jury selection: prosecutors and defense counsel use challenges to create impartial jury, challenges to the array (rare, whether or not jury represents community, challenges for cause. Judge"s instructions to the jury: reminds them of evidentiary considerations, statutory requirements, need for proof beyond a reasonable doubt, provides summary or evidence presented.
