Chapter 11: Trial Defense and Prosecution

The rights of Accused falls under the Sixth Amendment which deals with the rights of people accused of crimes. The Sixth Amendment states that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assitance of Counsel for his defense." The Right to Counsel is a Sixth amendment protection that representation by an attorney when their liberty is in jeopardy. Right to effective Counsel which the competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case. Diversion programs are alternatives to the forma criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case. As well as, Pretrial intervention is a type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case is dismissed. Plea Bargaining is an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty. Speedy Trial Act is the Legislation requiring that all criminal cases be brought to trial within one hundred days. Unlike caseloads, they are the large numbers of cases to be adjudicated in the courts. Case Mortality is a case attention, in which arrests do not result in convictions for various reasons. Crime control model is the perspective that views the repression of criminal conduct as the most important function to be performed by the criminal justice system, through speed, efficiency, and finality in criminal justice processing and Due Process Model is the Perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness, and reliability in criminal procedure.