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Hello to you all.

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My name is Geraldine George and
we will be finishing the semester

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together with videos you will be
watching over the next three weeks.

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The last few weeks, you studied
the pre-trial stages of a criminal

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case.

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This week we will consider the
criminal trial itself.

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That is to say, when a defendant
finally appears in court to be

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judged for the crimes he is alleged
to have committed, we will still

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be using the Fifth Amendment of
the Bill of Rights, but also the

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Sixth Amendment, which specifically
refers to trial.

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Most of these provisions have been
incorporated into state law,

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but not all of them.

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Two important points to bear in mind.

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Number one, trials in general,
including criminal trials,

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are not that common in criminal law.

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A lot of cases are solved well
before trial when charges are dismissed

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or through plea bargaining.

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Number two, when a trial does take
place, it means that the criminal

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defendant pleaded not guilty.

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It is the prosecutor's job to try
to prove the defendant's guilt

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beyond reasonable doubt.

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This means that the prosecutor
will always speak first and the

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defendant last, at all stages of
the criminal trial.

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Let us have a look at the various
stages of a criminal trial.

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There are six of them.

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Firstly, the selection of the jury.

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Secondly, the opening statements
by which both parties (prosecutor and defendant)

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explain the main issues raised
in the case.

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Thirdly, the witness' examination,
cros-examination and re-examination

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for each witness.

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The party who calls him examines
that witness; the opposing party

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then cross-examines him.

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The witness is then re-examined
by the party who called him.

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The purpose of a cross-examination
is to try to discredit a witness.

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Fourthly, there are closing arguments
during which both parties address

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the jury to conclude their respective
cases.

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First, the prosecutor and lastly,
the defendant.

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Fifth point, the instructions to
the jury.

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The jurors are not familiar with
the law, which means that the judge

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must explain the main points in
dispute.

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Last point, the jury deliberation
in private and the verdict,

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which must be unanimous for serious
criminal offenses.

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If the jury fails to reach a unanimous
verdict, the jury is said to be hung.

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In that case, the judge can declare
a mistrial.

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When this happens, a new trial
may start over with a new selection

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of jurors.

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This shows clearly that criminal
defendants benefit from substantial

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constitutional safeguards.

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Now, let us have a look at the
protection against forced

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self-incrimination, which comes
from the Fifth Amendment to the

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Bill of Rights.

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It is incorporated into state law.

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The defendant's confession must
be made freely without being forced.

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A confession obtained under coercion,
that is to say, under pressure,

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is not admissible at trial.

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A witness can plead the Fifth or
"take the fifth", which means he

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can refuse to reply each time

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his answer might cause him to
incriminate himself and therefore

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be prosecuted.

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A defendant can choose not to testify
at all in his own defense.

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He has the right to remain silent
in court.

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The protection against
self-incrimination applies only

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to oral or written statements in
the context of an investigation

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or trial.

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Other incriminating elements such
as fingerprints, DNA,

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etcetera do not violate the clause
if and only if they were seized

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legally.

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In that case, they will be considered
as evidence admissible at trial.

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In the US there is a right to a
speedy and public trial.

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It is contained in the Bill of
Rights and, more precisely,

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the Sixth Amendment.

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It is also incorporated into state law.

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It is an important safeguard to
prevent the

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wrongful incarceration
of defendants.

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It also ensures that justice will
be carried out without undue delay.

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A delay of at least one year after
arrest will usually be considered

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too long.

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The defendant has the right to
a fair trial held in public.

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This eliminates decisions based
on secrecy or partiality.

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In some exceptional circumstances,
such as sexual abuse cases,

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criminal proceedings can be conducted
in-camera, which means in chambers

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without any public attending.

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This is meant to protect the victim
or a witness.

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There is also a right to a trial
by an impartial jury.

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It also comes from the Sixth Amendment
to the Bill of Rights.

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Once again, it is incorporated
into state law.

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This right dates back to the British
1215 Magna Carta, which was imported

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into the United States.

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A jury trial (six amendment) should
not be confused with the grand

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jury proceedings (Fifth Amendment)
which can intervene at the prosecution

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or indictment stage for serious
criminal offenses like felonies.

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The role of the trial jury,
also called the petite jury,

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is to reach a verdict during the
trial on whether or not the defendant

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is guilty.

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Juries usually consist of 12 people
represented by a fore person.

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The decision reached by the jury
on guilt must be unanimous.

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This applies to both federal and
state offenses.

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Further to an April 2020 ruling
of the Supreme Court,

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the selection of jurors is an
interesting process.

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Potential candidates are selected at random from a roster based

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on a compilation of information
from various documents and sources.

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Both parties, prosecution and defendant
can strike some prospective jurors,

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that is to say, get rid of them
without giving any justification

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when they suspect them of being
potentially partial.

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This is called peremptory strike
or peremptory challenge.

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Various safeguards also exist at
the accusation stage.

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First, the defendant must be informed
of the nature and cause of any

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charge against him.

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This is an essential part of due
process which applies at federal

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and state level.

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Secondly, under the confrontation
clause, there is a right for both

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defense and accusation to cross-examine
witnesses.

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As mentioned before,
cross-examination is a way to check

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the reliability of the opponent's
witnesses.

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Confrontation and cross-examination
are both fundamental components

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of the US adversarial system.

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Initially, the Bill of Rights and
State Constitutions did not guarantee

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assistance of counsel.

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But in a series of US Supreme Court
decisions, the justices gradually

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held this right as absolute.

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They ruled that the failure to
have counsel for the defendants

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violated the due process clause
in the famous 1963 case,

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Gideon versus Wainwright.

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The Supreme Court ruled that the
right to assistance of counsel

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in criminal cases was fundamental.

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The 14th Amendment made this right
a constitutional requirement in

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state courts.

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Therefore, poor defendants can
be represented in court by public

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defenders appointed by the courts.

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Of course, this is better than nothing.

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But poorer people are at an obvious
disadvantage compared to wealthier

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ones.

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A public defendant has on average
seven minutes to prepare a case

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and meet their clients for the
first time in the courtroom.

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This is obviously insufficient.

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Next week we will discuss sentencing,
which is the stage of a criminal trial,

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which happens after a defendant
is found guilty, or in other words,

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that he is found criminally liable
and is convicted.

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Good bye.