11. Trial Rights

Question 1

How do courts determine whether the right to a speedy trial has been violated?

Answer 1

Courts should consider the totality of the circumstances, including:

1. The length of the delay;
2. The reason for the delay; and
3. Prejudice to the defendant.

Question 2

The Brady rule

Answer 2

A prosecutor must disclose to a criminal defendant all material, exculpatory evidence

Question 3

NEW YORK’s Rosario rule

Answer 3

Before her opening argument, the prosecutor must make available to the defense any prior written or recorded statements of persons to be called as witnesses that relate to the subject matter of the witnesses’ testimony.

Question 4

The right to an unbiased judge means two things:

Answer 4

1. The judge has no financial in the outcome of
   the case; and
2. The judge has no actual towards the defendant.

Question 5

Right to jury trial:

Answer 5

Criminal defendants have the right to a jury trial when the maximum authorized sentence exceeds 6 months.

Question 6

The fewest number of jurors allowed in a criminal trial?

Answer 6

6

Question 7

NY jury number requirement

Answer 7

requires 12- person juries for felonies; however, a defendant can waive this requirement and proceed to verdict with only 11 jurors participating in the deliberations.

Question 8

Unanimity of jury verdicts:

Answer 8

Jury verdicts in criminal trials must be unanimous only if 6 jurors are used; verdicts in 12 juries need not be unanimous.

(Must be unanimous in NY)

Question 9

“Cross-sectional” requirement:

Answer 9

The “cross-sectional” requirement regarding jurors requires that the pool from which the jury is drawn represents a cross-section of the community.

Question 10

Peremptory challenges

Answer 10

Peremptory challenges permit both sides to exclude jurors without stating their reasons for doing so, but they cannot be used by either side to exclude prospective jurors on account of race or gender.

Question 11

The right to effective assistance of counsel test

Answer 11

Two-prong test:

1. “Deficiency” requirement: Counsel’s performance fell below an objective standard of reasonableness, meaning he made errors so serious that he was not functioning as counsel; and
2. “Prejudice” requirement: “But for” the deficiency, the outcome of the trial would have been different.