Welcome to Section 5.5, where we will delve into an essential facet of criminal procedure: pretrial and trial rights. Our criminal justice system is founded on principles of fairness and justice, and these principles guide every stage of the criminal process, from the decision to charge an individual to the final verdict in a trial.
We will begin our exploration with “The Decision to Charge,” understanding the factors prosecutors consider when deciding to bring charges and the implications these decisions have on the accused. We will then examine the concept of “Change of Venue” and how this can safeguard a defendant’s right to a fair trial.
Next, we turn to “Pleas & Plea Bargaining.” Plea bargaining, where a defendant pleads guilty in exchange for a lighter sentence or lesser charges, is a common practice and a critical component of the criminal justice system. We’ll delve into its benefits and criticisms, and its role in streamlining court procedures.
“Pretrial Motions” will introduce us to various types of motions that can shape the course of the trial, including motions to suppress evidence or dismiss charges. Each plays a vital role in protecting the rights of the accused and ensuring a fair trial.
Next, in “Anatomy of a Trial,” we’ll walk through the stages of a trial, demystifying the process and offering insights into each phase, from jury selection to verdict. Then, we’ll dive into specific constitutional rights that come into play during the trial process.
We will explore “The Right to a Speedy Trial,” “The Right to an Impartial Judge,” and “The Right to an Impartial Jury,” dissecting the ways these rights are interpreted and upheld in our courts. We will examine “The Right to Confrontation,” the accused’s constitutional right to face their accuser, and “Double Jeopardy,” which protects an individual from being tried twice for the same offense.
Lastly, we’ll discuss “The Right to Compulsory Process,” which enables a defendant to compel witnesses to testify in their favor. This exploration will enhance our understanding of the criminal process, the constitutional protections afforded to the accused, and how our courts strive to balance these rights with the pursuit of justice.
Modification History File Created: 08/06/2018 Last Modified: 07/24/2023
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