10.4D Fair Trial

Why must the trial by jury be “speedy” to allow a fair trial?

• to prevent delays that give the prosecution an advantage

• to quickly prosecute the accused before evidence can be collected

Why must the trial by jury be “public” to allow a fair trial?

• it helps prevent abuses by the law by making the public aware

• it prevents the public from unfairly influencing the jury's verdict

What limitations may a judge do to ensure a fair trial?

• the judge can sequester the jury

• the judge can place a gag order on the prosecution

What is a bench trial?

• when the judge alone hears and decides the case

• when the judge sequesters the jury

Which of the following features of the Sixth Amendment ensures a right to an adequate defense?

• the accused has the right to know the witnesses that will testify against him or her

• the accused has the right to cross examine the prosecution to determine their motives

What is a subpoena?

• a legal document that requires someone to appear in court

• an affidavit requesting the evidence that will be presented

How did Gideon v Wainwright help the rights of the accused?

• anyone accused of a serious crime has the right to legal consul

• the judge has the right to deny the accused the right to legally represent himself

What is double jeopardy?

• the accused standing trial for the same offense twice

• the accused having to testify before the grand jury twice

In what cases can the government try a person twice for the same crime?

• the court can retry a case if there is a mistrial

• the court can retry a case if there is new evidence

Why did the Supreme Court criticize the use of capital punishment in Furman v Georgia?

• its use seemed arbitrary and discriminatory

• its use was considered cruel and unusual punishment