15. Trial Flashcards
when are a defendant’s due process rights violated via biased judge?
when the judge is shown to have either…
1) actual malice against the defendant, OR
2) a financial interest in having the trial result in a guilty verdict
does a judge violate due process if they say “if I see you in here again, I’ll throw the book at you” at sentencing?
no
for what kinds of offenses is a defendant entitled to a jury trial?
only for serious offenses (ie– if imprisonment for more than 6 months is authorized)
what is the minimum number of jurors required to satisfy a defendant’s right to a JT?
6 jurors
what kind of verdict must result from JT?
a unanimous verdict
what is the cross section requirement for venires?
defendant has a right to have the jury selected from a representative cross section of their community
what is the defendant’s burden to show that the cross section is inadequate? (thus violating their JT right)
defendant need only show the underrepresentation of a distinct and numerically significant group in the venire
does a defendant have a right to proportional representation of all groups on their selected jury?
no (only for venires)
what use of peremptory strikes by a prosecutor violates the Equal Protection clause?
when prosecutor uses peremptory strikes to exclude potential jurors solely on account of their race or gender
what are the three steps to challenging a peremptory strike based on equal protection?
1) defendant must show facts or circumstances that raise an inference that the exclusion was based on race or gender,
2) prosecution must present a race neutral explanation for the strike
3) judge then determines whether the prosecutor’s explanation is a genuine reason for striking the juror(s) or merely a pretext for discrimination
when may a juror be excluded for cause?
when their views would prevent or substantially impair the performance of their duties in accordance with their instructions/oath
when is a defendant entitled to questioning on voir dire specifically about racial bias?
whenever race is bound up in the case OR the defendant is accused of interracial capital crimes
what is the consequence of violating a defendant’s right to counsel at trial?
automatic reversal
what is the consequence of violating a defendant’s right to counsel during nontrial processes?
reversal unless the error is harmless
when can a defendant waive their right to counsel at trial and proceed pro se? (2 rqmts)
when… (based on judge’s judgment)
1) their waiver is knowing and intelligent, and
2) defendant is competent to proceed pro se