The prohibition against double jeopardy attaches as soon as a suspect is arrested. It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions. Because most state constitutions guarantee speedy trial, the Supreme Court has not extended the federal speedy trial protection of the Sixth Amendment to the states. Most jurisdictions require defendants to bear the burden of proof in suppressing evidence seized pursuant to searches. For purposes of the Sixth Amendment guarantee to a jury trial, the Supreme Court has used a potential six months imprisonment to divide serious from petty crimes.
Defendants possess an absolute right to attend their own trials.
During the trial, defendants must either prove their innocence or raise a reasonable doubt about the government's case. According to the Fifth Amendment, the state cannot call defendants to the witness stand in criminal trials. I, II, III, IV b. I, II, IV c. With respect to change of venue, most courts a. adopt an actual prejudice test. According to critics of the Supreme Court's ruling on non unanimous verdicts, unanimous verdicts I. instill confidence in the criminal justice process.