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.