10. Fair Trial (6A) Flashcards
What is the order of arguments?
Opening arguments
1) Prosecution delivers argument
2) Defence delivers argument
Closing arguments
1) Government delivers argument
2) Defence delivers argument
3) Government rebuts Defence
Who has a right to a public pre-trial under Sixth and Fourteenth Amendments?
Preliminary probable cause for prosecution hearing (presumptively open to)
- Public
- Press
Pre-trial suppression hearing
- Public (UNLESS party seeking closure shows overriding interest likely to be prejudiced by public hearing + No other reasonable alternatives to closure)
- Press
Who has a right to a public criminal trial under Sixth and Fourteenth Amendments?
Public
Press
Even if Plaintiff/Defendant agrees to close trial
- UNLESS first finding closure is necessary
When may Due Process be violated?
Judge has actual malice against D
Judge has financial interest in guilty verdict vs D
Judge has impermissible bias as former prosecutor re D’s case
Trial conducted in manner in which Judge unlikely gave reasonable consideration towards evidence
State compelled D to stand trial in prison clothing/visibly shackled
Jury exposed to influence favourable to Prosecution
Police’s bad faith destruction of evidence
When is the right to jury trial applicable under Sixth Amendment?
Serious offences
- Punishment > 6 months (single proceeding, NOT aggregate proceedings)
- NOT petty offences
- NOT juvenile deliquencies
Contempt
- Criminal contempt (actual punishment, NOT statutory punishment > 6 months)
- NOT civil proceedings
How many jurors are required in a jury trial?
At least 6
- Up to 12 (NOT constitutionally required)
What type of verdict is required in a jury trial?
6 jurors
- Unanimous
At least 6 jurors
- NOT unanimous (11-1, 10-2, 9-3) (NOT 8-4)
How can Defendant challenge the jury selection (venire selected from representative cross-section of the community)?
Complaint re excluded segment of community
- Underrepresentation of distinct and numerically significant group in venire
Complaint re Prosecutor’s peremptory challenge to exclude juror based on race/gender (EP violation)
1) D must show facts/circumstances inferring exclusion based on race/gender
2) Prosecutor must explain strike on race/gender neutral basis
3) Judge to decide
- If Prosecutor had sincere reason to exclude juror => Complaint denied
- If Prosecutor excluded as mere pretext for purposeful discrimination => Complaint upheld
When is defendant entitled to questioning on voir dire regarding racial prejudice?
Race involved in case
Interractial capital crime in case
When may juror be excluded for cause to maintain an impartial jury?
Capital punishment cases
- Juror opposes/unsure of death penalty upon a guilty verdict
- Juror’s personal views would prevent/substantially impair Juror’s performances
What is required for prosecution to enhance sentences?
1) Proof of facts
- Increasing sentence beyond statutory maximum (substantive law allows)
- Setting fines
- Increasing sentence after guilty plea
2) Beyond reasonable doubt
- NOT preponderance of evidence
3) Submit to jury (6A)
- NOT judge (violation of 6A right to jury trial) => Otherwise Harmless Error Test
What are grand jury proceedings?
1) Determine probable cause to bring charges vs suspect
2) Felonies charged by Fed Gov
Who conducts grand jury proceedings?
Secretive
- Prosecutor
- Ws (called by grand jury)
- NOT judge
What are D and W’s rights during grand jury trials?
D’s rights
- NOT present evidence
- NOT confront Ws
W’s rights
- Leave courtroom
- Discuss w/ counsel before answering qs
Is there right to counsel during grand jury trials?
No
- Secretive
