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Evidence may be excluded if it would tend to distract the jury from the main
issues of a case, mislead the jury, or cause jurors to decide the issues on an
emotional basis
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Rights of the Accused and the Sixth
1 2 Self Incrimination
Amendment
3 Barker v. Wingo 4 Prejudicial Evidence
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Terms in this set (69)
, - Speedy and public trial
- Impartial jury where the crime was committed
Rights of the Accused and - Informed of nature and cause of accusation
the Sixth Amendment - Confronted with the witnesses against
- Obtain witnesses in favor
- Assistance of counsel
- The state brings the action
Criminal Trial
- Reflects the need to protect criminal defendants
- The defendant may lose their right to move freely
and may be incarcerated prior to trial
A Speedy Trial
- Jeopardizing the reputation of the accused
- All 50 states have their own speedy trial statutes
- Pretrial motions
- Plea negotiations
Reasons for Delay of Trial
- Many jurisdictions do not have the resources to
meet the needs of the system
Only situations in which the delay is unwarranted and
Barker v. Wingo proved to be prejudicial can the accused claim a
violation of 6th Amendment rights
A defendant must be tried within 120 days of arrest
Illinois Speedy Trial Act unless both the prosecution and the defense agree
otherwise
- No more than 30 days between arrest and
indictment
- No more than 10 days between indictment and
National Speedy Trial Act
arraignment
- No more than 60 days between arraignment and
trial