What Is A Public Jury Trial
are many stages of a criminal case. The most famous stage is the Jury Trial, but just What Is A Public Jury Trial? A Jury Trial is an event that can last hours, days, weeks, months, or sometimes years. It is a process that allows you to require the government to meet their obligations consistent with our Constitution. Namely, to overcome their burden of proof, which presumes Defendants are innocent and requires state proof beyond a reasonable doubt.
However, our Constitution affords Defendants a vast array of additional rights; too many rights to exhaustively enumerate here. One of those rights, though, is the right to a public trial. The right to a public trial was created to ensure a fair trial; to remind the prosecutor and judge of their responsibility to the accused and the importance of their functions; to encourage witnesses to come forward; and to discourage perjury. Most people would be amazed by the level of diligence required to ensure this simple right. The Colorado Supreme Court dealt with the right to a public trail very recently in two cases. Stackhouse v. People and People v. Hassen. In Stackhouse, the Court found that a Defendant waived his right to a public trial (jury selection phase), simply because the criminal defense attorney failed to object at the proper time. The Supreme Court did not believe that this waiver entitled the Defendant to a new trial. Thus, the Defendant suffered a missed opportunity. In Hassen, a trial judge protected police officers from being observed by the public during a Defendant’s trial. Thankfully, on review, the Supreme Court disagreed with the trial judge and awarded the Defendant a new trial.
These are simply two recent examples of how our rights can be affected by inattention to detail. Our criminal defense team and attorney strive to maximize your access to due process and all the rights afforded you under the constitution. Defendants should explore every one of those rights to protect themselves and provide a check against our government. Defendants should be tedious to ensure that every of their rights are explored. Those that roll over and take the first deal on the table are, in a way, empowering the government, and saving it from honoring some of the most important rights that exist in our culture. Call us today to ensure a fair shake.