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Socl 3371 Notes on Oct 14

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Louisiana State University
SOCL 3371

Chapter 10Tuesday March 29 2011211 PM Special Features of Criminal Trials1Speedy trialoRequired by the sixth amendment oReasons for requirementDefendant may lose his or her right to move freelyMay be incarcerated prior to trialThe accusation jeopardizes a persons reputationoBarker v Wingo 1972only in situation when delay is unwarranted and prejudicial in delay unconstitutionaloAll 50 states have their own speedytrial statutesoThe speedy trial Act of 1974 federalNo more than 30 days btw arrest and indictmentNo more than 10 days btw indictment and arraignment No more than 60 days btw arraignment and trialoStatutes of Limitations Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the act took place2Role of Jury o6th amendment guarantees an impartial jury Duncan v Louisiana1968all felonies cases the defendant is allowed jury trialoJury sizeUsually 12 ppl there is not specific only you cant have less than sixFederal cases guaranteed 12 jurorsoUnanimitymost states require unanimous verdictFederal must be unanimous while states can set their own 3The privilege Against SelfIncriminationoProvided for in the 5th amendmentoTaking the fifthoWitnesses are often granted immunity for their testimony one or the otheroAdamson v California 1974just because they arent taking the stand doesnt mean they are guiltyThe decision to the take the fifth should not prejudice the jury4Defendants are presumed innocent until proven guilty5Burden of proving guilt falls on the state6The standard proof in criminal court is beyond reasonable doubt7In re Winship 1970 even in juvenile courts proven guiltyJury Selection 8Defendants are entitled to a jury of peers9Eligible persons are selected from a Master List or jury pool10Jurors must be oA united states citizenoOver 18 years of ageoFree of felony convictions oOf the necessary good health to serveoSufficiently intelligent to understand the issues of a trial oAble to read write and comprehensive11All those chosen from the master list are summoned to appearoGroup from which the jury will be selected is called the VenireoSome are excused varies from place to place12Voir DireoAttorneys determine the suitability of each potential juror through questioning oJurors are required to provide he court with a significant amount of personal informationoProcess involves both written and oral questioning of potential jurors13There are two ways jurors are excludedoChallenges for Cause The attorney must provide a sound legally justifiable reason why a juror cannot serveMental incompetence dont understand English prior link with victimdefendantPeremptory Challenges The attorney can remove a juror without showing and supporting reason or causeLimits on number varies from state to state14Race and Gender in Jury SelectionoDe facto segregation in juriesSwain v Alabama 1965 oBatson v Kentucky 1986Prohibits using peremptory challenges to strike possible jurors on the basis of raceoPowers v Ohio 1991oGeorgia v McCollum 1992for the defense attorneysoWomen on the juryoJEB v Alabama ex rel TBChapter 11Tuesday April 05 2011140 PM Punishment and SentencingThe purpose of Sentencing1Philosophical reasons for sentencingoRetribution Relies on principle of just deserts
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