Trial Process

Question 1

Jury - D’s Right to Jury Trial

Answer 1

Authority - 6A

Rule - provides the right to jurt trial for all serious offenses, provided he asks for it

Serious Offense - authorized punishment is more than 6 months

Note - 6A right to counsel attaches in misdemeanor cases only if a sentence of incarceration is actually imposed

Ohio - right to jury for all crimes besides minor misdemeanors , defined as crimes for which the possible penalty does not include a jail term and whose possible fine does not exceed $1000

Question 2

Jury - Jury Size

Answer 2

Federal - jury in federal crimincal case must have 12 members and must decide the case unanimously

State - states can use juries of 6 or more in criminal cases; if the state uses a jury of 12 members, the juries do not have to be unanimous

Ohio - felony cases must have 12 member jury; misdemeanor cases must have 8 member juries; all verdicts must be unanimous

Question 3

Jury - Jury Selection

Answer 3

1. Begins with venire or jury pool - must represent a fair cross section of the community from which no distinctive group is excluded
2. The petty jury is selected through the process of voir dire

May remove juror by for-cause challenge or peremptory challenge

For-Cause Challenge - used to ensure an impartial jury

• jurors can be removed for cause when they reveal something that will prevent them from deliberating fairly or intelligbly
• the number of challenges for cause is limitless

Peremptory Challenge - can generaly be made for anything, including hunches

• each side is statutorily limited in the number of peremptory challenges
• exception - neither side can challenge jurors on the basis of race or sex

Ohio - 6 per side for capital offense, 4 for other felonies, 3 for misdemeanors, 3 civil

Question 4

Speedy + Public Trial Rights - Speedy Trial

Answer 4

Statute of Limitation give D repose

• SoL normally begins to run when crime committed
• For continuing offenses (e.g., conspiracy) the SoL does not begin to run until end of the offense

Two constitutional provisions protect against delay

• Due Process Clause - protects against pre-accusation delay; toothless
• Speedy Trial Clause of the 6A - protects D against delay that occurs between the time of arrest or indictment and the time of trial

When faced with a Speedy Trial Clause claim, courts look to four factors:

1. length of the delay
2. reason for the delay
3. whether the D asserted his right to a speedy trial
4. prejudice to the D

Ohio - days allowed for state to bring D to trial

• minor misdemeanor -30
• 3/4 degree misdemeanor or other misdemeanor punishible up to 60 days in jail - 45
• 1/2 degree misdemeanor or other misdemeanor punishable more than 60 days in jail - 90
• felony - 270

can be extended for certain circumstances including if D unavailabe for trial due to other pending cases, d is in another state and prosecution execised everything in his control to try to secure his availability, and many others

Question 5

Speedy + Public Trial Rights - Public Trial Rights

Answer 5

6A and 1A protect the rights of the D and the public to attend public trials

Court has discretion to close particular proceedings if ther eis a substantial likelihood of prejudice to the D or witness

Question 6

Speedy + Public Trial Rights - Confrontation Clause

Answer 6

Authority - 6A

General - guarantees D the right to confront the witnesses against them, as well as the right to produce their own witnesses

Crawford Doctrine - if a statement is testimonial then 6A bars admission of the statement if:

1. declarant is unavilable and
2. defendant had no prior opportunity to cross-examine the witness

Ex: (i.e., made under circumstances which would lead an objective witness to reasonably believe that the statement would be used at a later trial; e.g., autopsy report or statement made by police)

Note - for non-testimonial statements, look to the rules of evidence

Bruton Category - D’s own statements are always admissible against him even if D does not testify at trial

Note - if there are co-defendants, a non-testifying co-D statements are not admissible against the co-defendant

D’s Right to Present Witnesses - D has right to testify on his own behalf; has right to compulsory process to obtain witnesses in his defense

OHIO - D must be physicall present at all phases of the trial unless D voluntarily fails to appear, is extremely disruptive, or requests in writing to be tried in his absence

Question 7

Speedy + Public Trial RIghts - Burden of Proof

Answer 7

Prosecution must prove every element of the crim beyond a reasonble doubt

Burden of proof for affirmative defense may be placed on defendant