Chapter 8 notes pt. 4

Question 1

The _______ Amendment requires a speedy trial for those accused of a criminal act.

Answer 1

Sixth

Question 2

The Sixth Amendment requires a ______ trial for those accused of a criminal act.

Answer 2

speedy

Question 3

What are the reasons for a speedy trial?

Answer 3

• the defendant may lose his or her right ot move freely and may be incarcerated prior to trial
• the accusation that a person has committed a crime jeopariadies that person’s reputation in the community

Question 4

The Sixth Amendment doesn’t specify what’s meant by the term ______.

Answer 4

speedy

Question 5

What did the U.S. Supreme Court decide in the Barker v. Wingo (1972)?

Answer 5

That only in situations in which the delay is unwarranted and proved to be judicial can the accused claim a violation of the 6th Amendment

Question 6

What time limits for those in federal courts are established by the Speedy Trial Act of 1974 (amended in 1979)?

Answer 6

1. No more than 30 days between arrest and indictment
2. No more than 10 days between indictment and arraignment
3. No more than 17 days between arraignment and trial

Question 7

federal law alloes extra time for hearings on what condiitions?

Answer 7

• pretrial motions
• mental competency examinations
• other procedural actions

Question 8

When does the 6th Amendment gurantee a speedy trial?

Answer 8

When a person has been accused of a crime

Question 9

a law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred

Answer 9

statutes of limitations

Question 10

true or false: in general, prosecutors for murder and other offenses that carry the death penalty don’t have a statute of limitations

Answer 10

true

Question 11

a trial before a judge and a jury

Answer 11

jury trial

Question 12

a trial conducted without a jury, in which a judge determines the defendant’s guilt or innocence

Answer 12

bench trial

Question 13

In most juridiction, jury verdicts in criminal cases must be __________ for acquital- a declaration of innocence- or conviction

Answer 13

unanimous

Question 14

a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law and this is absolved of the charges

Answer 14

acquittal

Question 15

a defendant has the right not to testify at a trial if?

Answer 15

To do so would implicate him or her in the crime

Question 16

What is the presumption in criminal law?

Answer 16

A defendant is innocent until proved guilty

Question 17

True or False: in a criminal trial, the defendant is required to prove his or her innocence.

Answer 17

False; in a criminal trial, the defendant is not required to prove his or her innocence.

Question 18

The burder of proving the defendant’s guilt lies entirely with the ______

Answer 18

state

Question 19

What level of proof must the state have to convict a person?

Answer 19

beyond a reasonable doubt

Question 20

The defendant in any felony case is entitled to a trial by _________.

Answer 20

jury

Question 21

If the defendant waives this right, a _________ trial takes place, in which the __________ decides questions of law and fact.

Answer 21

bench

judge

Question 22

Another benefit for the defendant is the privilege against ________-________, which gives her or him th eright ot “take the Fifth.”

Answer 22

self-incrimination

Question 23

Perhaps the most important protection for the defendant, however, is the presumption in criminal law that she or he is _________ until proved _________.

Answer 23

innocent

guilty

Question 24

Thus the burden is on the _________ to prove the defendant’s culpability beyond a _________ _________.

Answer 24

state/prosecutor

reasonable doubt

Question 25

Identify the basic protections enjoyed by criminal defendants in the United States.

Answer 25

According to the 6th Amendment, a criminal defendant has the right to a speedy and public trial by an impartial jury in the physical location where the crime was committed.. Additionally, a person accused of a crime must be informed of the nature of the crime and be confronted with the witnesses against him or her. Further, the accused must be able to summon witnesses in her or his favor and have the assistance of counsel.

Question 26

Explain what “taking the Fifth” really means.

Answer 26

The 5th Amendment states that no person “shall be compelled in any criminal case to be a witness against himself” Thus, defendants do not have to testify if their testimony would implicate them in the crime. Witnesses may refuse to testify on this same ground. (Witnesses are usually granted immunity. In the United States, silence on the part of a defendant cannot be used by the jury in forming its opinion about guilt or innocence.