cases to a court where specialized court professionals can better address the unique features of these defendants and their cases • If they fail to complete the program, the state can pursue the original charges and the defendant will risk a conviction and a possible jail or prison sentence - If the program is complete the charges are dropped (for pre-plea cases) or the guilt plea is vacated (in a post-plea case). • Diversion Programs/Problem-Solving Courts Trial Process: all of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal The U.S. Supreme Court has ruled that if the defendant's right to a speedy trial is violated, than the indictment must be dismissed and/or the conviction overturned. - Delay (trial): an attempt (usually by defense counsel) to have a criminal trial continued until a later date. • 30-day limit from time of arrest to indictment and 70 days from indictment to trial - The Speedy Trial Act of 1974: later amended, a law originally enacted to ensure compliance with the 6th amendment's provisions for a federal case be brought to trial no more than 100 days following the arrest • Plus even states that have it sometime fail to follow - Existing time limits may be waived due to the court's own congested dockets - Some state courts have little in the way of fixed, enforced time limits • Length of delay : a delay of a year or more from the date of arrest or indictment, whichever occurs first - Reason for the delay : the prosecution may not excessively delay the trial for its own advantage; however, a trial may be delayed for a good reason, such as to secure the presence of a key witness - Time and manner in which the defendant has asserted his right : if a defendant agrees to the delay when it works to his own benefit - Degree of prejudice to the defendant which the delay has caused - Unnecessary delay: • Right to a Speedy Trial: "Justice Delayed…" Opening statements: prosecutor goes first followed by the defense. Purpose is to succinctly outline the facts they will try to prove during the trial > not time to argue with the other side 1. Prosecution's case: the prosecution will present its side of the case, presenting and questioning its witnesses and admitting the evidence. The defense can cross-examine these witnesses 2. Motion to dismiss: the defense will often make a motion to dismiss all charges, arguing that the state has not proved its case 3. Defense's case: the defense presents its main case through direct examination of their chosen witnesses. The prosecution can cross-examine the defense witnesses. The defense then rests 4. Prosecution rebuttal: the prosecution may offer evidence to refute the arguments made by the defense 5. Closing arguments: this is a time for both side to review the evidence so that it is clear to the jury before they begging their deliberations.
- Spring '17
- Jerry Manduca
- Supreme Court of the United States