Semester 2 Research

Caden Munson ISM – Period 7 Reamey, Gerald S. “The Truth Might Set You Free: How the Michael Morton Act Could Fundamentally Change Texas Criminal Discovery, Or Not.” Texas Tech Law Review, vol. 48, no. 4, 2016, pp. 893–929., commons.stmarytx.edu/facarticles/247/.                   

The prosecution can decide not to give the defense attorney evidence that could help the defendant even though it is required by due process. Even if the prosecution did release the evidence it was often too late or not enough The rules of evidence don’t give the juries adequate information to judge a case The reason for the closed discovery was because it was believed that defendant with access to all the information could tamper with the evidence, participate in collusion and coercion. The second reason was that it would give the defendant an unfair advantage in a criminal trial In other countries that opened up discovery the previously mentioned reason we not widespread enough to reclose the discovery phase The same constitutional rights that protect the defendant and client privilege also protect the prosecution with regards to witnesses Defense attorneys had to rely on unofficial mean to get the necessary evidence in a timely manner There was no way to get all of the evidence required without a trial judge giving the prosecutor an order to turn over all of the evidence The prosecution had nefarious ways to further deny the defense access to the full file of evidence In extreme cases the prosecution would willingly with hold important evidence just to get a conviction The discloser of evidence was left to the discretion of both the judge and the prosecutor on the case The 2005 law to try and fix the issue had multiple loop holes and could be easily avoided by the prosecution Michal Morton act required the prosecution to give material to the defendant when it is requested The only things that the prosecution didn’t have to provide were anything that was protected by privilege The defense doesn’t have to provide a reason for why they want the full evidence from the prosecution The request can be done orally or in a written matter The prosecution has to produce the evidence as fast as practicable Providing all the evidence puts additional burden on already overburdened prosecutors

This source was a complete explanation of how the laws of discovery changed due to the wrongful prosecution of Michael Morton and aid in my research on wrongful convictions because it shows a clear example and provides how the system adapted to protect the people its trying to convict.

Caden Munson ISM – Period 7

Farber, Madeline. “What Is a Mistrial?” Fox News, FOX News Network, 16 Nov. 2017, www.foxnews.com/us/what-is-a-mistrial.                            

Sometimes the last resort when a case has stagnated and the jurors cant agree on a guilty or non-guilty verdict A mistrial is just a trial that hasn’t been complete successfully A mistrial doesn’t mean that there was a mistake or some king of prejudice like racism, sexism, etc … If a juror dies there can be a mistrial If an attorney dies there can be a mistrial If the jurors consider outside evidence there can be a mistrial Discussion with the media can cause a mistrial, specifically if the person talking to the media is a juror Prejudice by a juror is another reason for a mistrial The most common reason that a mistrial is declared is because there is a deadlock amongst the jurors and they cant come to a conclusion The prosecutor can motion for a mistrial The defense can motion for a mistrial If the motion is denied the trial continues There are 3 common outcomes of a mistrial 1 – the state dismisses the charges 2 – the defendant takes a plea bargain 3 – another trial is scheduled A mistrial is better news for the defendant The state usually will refrain from spending more money on a trial if the first one isn’t successful Most cases end in settlements The original trial exposes the states case for the defense, so it is easier to defend The original trial gives the state a better chance to make a water tight case in order to convict Retrials usually only occur in high profile cases Famous mistrial cases Bill Cosby Phil Spector Shannon Kepler Bandidos Biker Gang Michael Slager

This source will provide invaluable in my research as is gives an easily digestible explanation of a mistrial and it gives specific examples of famous mistrials that are easily recognizable to the public, an easy way to incorporate common knowledge into my power point.

Caden Munson ISM – Period 7

“What Happens at the Trial?” What Happens If I'm Convicted at Trial?, Law Offices of the Public Defender Eleventh Judicial Circuit of Florida, www.pdmiami.com/what_happens_if_im_convicted_at_trial.htm.                         

A trial is a fact-finding phase of the case Prosecution has the burden of proof Guilt has to be proved beyond a reasonable doubt The defendant can choose to do nothing, provide no evidence, chose to not cross examine any witness, or not testify at all Two types of trials Bench trials – the judge looks at all of the evidence and makes a decision based upon the findings Jury trial – a jury is presented with all of the evidence and they come to a conclusion based on what they believe Bench trial only occur when both sides agree If convicted non-citizens can be deported Convictions can hamper someone’s ability to get a job Can hamper someone’s ability to live in certain housing units Can hamper someone’s ability to get college grants or scholarships Felony convictions can restrict someone from being able to vote Own a firearm Vote Serve in military Hold public office Serve in a jury Sentencing is when a judge or jury decides what punishment you will face as a result of a guilty verdict or plea The defendant has a sentencing hearing where witnesses can come and testify to the defendant’s character or other beneficial quality or act that can reduce the sentence. If found guilty the defendant can appeal the outcome and hope for another trial If there is a good reason for the appeal the defendant could be released on bail Probation is an alternative to going to jail and places limitation on the clients liberty Violating probation means going back to jail immediately If the defendant doesn’t pay all of the fees the court can put a lien on there property forcing them to pay

This is a good source because it provides an in-depth look at what happens if a defendant is found guilty and makes the content extremely easy to understand for the average person so it can be incorporated in my project with ease.