Right to a Public Trial
This right, protected by the 6th amendment, maintains that a trial must be open to the public however it can be limited in certain situations.
What is the right to a public trial?
The defenses sixth amendment right to be present at their trial, hear live testimony of adverse witnesses, and challenge such witnesses statements in open court.
What is the Right to Confrontation?
This right, protected by the 6th amendment, guarantees a defendant the opportunity to compels the production of witnesses and evidence.
What is Compulsory Process?
The fifth amendment requirement that a person cannot be re-prosecuted after acquittal, re-prosecuted after conviction, or subjected to separate punishments for the same offense.
what is the right to double Jeopardy protection?
A criminal defense based on the belief that someone should not be convicted of a crime that the government instigated.
what is the entrapment defense?
The process by which a trial is heard in another jurisdiction, perhaps in another county in the state.
What is change of venue?
One of two confrontation requirements. In order to be "present at their trial," the defendant must not be only physically present but also this. A defendant who does not meet this requirement cannot adequately confront adverse witnesses.
What is mental competence?
One of the two confrontation requirements. In order to be "present at their trial" the defendant must be this (As opposed, for example, to appearing via Closed-circuit television.)
What is Physical presence?
For double jeopardy purposes this has the same elements as another offense. for example first and second degree murders are considered this.
What is Same Offense?
This was the first Supreme Court case recognizing the entrapment defense.
what is Sorrells v. United States (287 U.S. 435 [1932])
The process of confining jurors during a trial. Sequestered jurors usually spend the night in the same hotel together and have little to no access to press coverage of the case on which they are serving as jurors.
What is jury sequestration?
confrontation rules require that adverse witnesses provide this kind of testimony.
What is live testimony?
The compulsory process clause of the Sixth Amendment provides that the defendant can use this to obtain witnesses, documents, and other objects that are helpful to their defense.
What is a subpoena?
The rule stemming from Blockburger v United States (284 U.S. 299 [1932]) that helps courts determine the same offense.
What is the Blockburger rule?
This is when an entrapment decision is based on the offender’s supposed predisposition to commit a crime.
What is subjective inquiry?
A judicial order limiting what the press and or the parties to a particular case can divulge until the proceedings are completed.
What is a gag order?
Purposes of confrontation, this person is one who permanently moves to another country, cannot be located after a careful search by prosecution, or suffers from a lapse in memory.
What is an unavailable witness?
In Washington v. Texas the Supreme Court modified the definition of compulsory process to include the right of the defense to do this. It did this so that the jury "may decide where the truth lies.”
What is present evidence?
The focus on the government conduct presumably responsible for someone’s decision to commit a crime is known as this.
What is objective inquiry?
This book by Reginald Rose, later adapted for the silver screen, focused on a jury, a murder, and the Chicago "L train."
What is twelve angry men?
Exceptions to the rule that this kind of testimony is not permissible in a criminal trial. The testimony is something that is "heard, then said." It is considered unreliable because it filtered through a second party.
What are hearsay exceptions?
This actor played parole officer Travis Lehman in the 1999 blockbuster film "double jeopardy."
Who is Tommy Lee Jones?