| A DEFENDANT'S RIGHT TO BE PRESENT AT TRIAL |
| |
| Under the Sixth Amendment of the United States Constitution, a defendant has a right to be confronted with witnesses who testify against the defendant. In addition, under the Fourteenth Amendment of the United States Constitution, the defendant has a right to due process. Included in these rights is a defendant's right to be present at his or her trial.More... |
| |
| Presenting and Objecting to Evidence |
| |
| In order for a court to consider evidence presented in a case, the evidence must be properly presented to the court for admission. Presentation of evidence may be undertaken in a variety of ways.More... |
| |
| Sentencing Alternatives |
| |
| After a defendant is convicted, has entered a guilty plea or into a plea bargain, the sentencing phase of the trial begins. The defendant may be sentenced to serve time in jail or in prison. However, there are numerous other alternatives to which the defendant could be sentenced. More... |
| |
| Comments During Closing Arguments and Curative Instructions |
| |
| If the defendant suspects that the prosecutor has made an inappropriate comment or remark during closing arguments, the defendant should make an immediate and contemporaneous objection. If the defendant fails to immediately object to the comment or remark, the defendant's later objection to the comment or remark will be deemed waived.
More... |
| |
| CONFESSIONS - WAIVER OF RIGHTS |
| |
| A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.
More... |
| |
