Day 7: Confrontation, Double Jeopardy, and Habeas Corpus
The right to a jury trial attaches for "Serious Offenses"—those where the potential imprisonment is more than 6 months.
The 6th Amendment prohibits the use of testimonial out-of-court statements unless the witness is unavailable and the defendant had a prior opportunity for cross-examination.
The 5th Amendment protects against multiple prosecutions for the same offense. But the protection doesn't start the moment you're arrested.
Two crimes are the "same offense" unless each crime requires proof of an element that the other does not.
There is no federal constitutional right to an appeal, but if a state provides one, the 14th Amendment requires it be "meaningful" (right to counsel for first appeal).
A civil suit against the jailer. Focuses on constitutional errors, not factual guilt. Must exhaust all state remedies first.
Scenario: A defendant is acquitted of murder in State Court. Can the Federal Government then prosecute him for the exact same murder under Federal law?