15. Trial Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

when are a defendant’s due process rights violated via biased judge?

A

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

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2
Q

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?

A

no

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3
Q

for what kinds of offenses is a defendant entitled to a jury trial?

A

only for serious offenses (ie– if imprisonment for more than 6 months is authorized)

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4
Q

what is the minimum number of jurors required to satisfy a defendant’s right to a JT?

A

6 jurors

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5
Q

what kind of verdict must result from JT?

A

a unanimous verdict

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6
Q

what is the cross section requirement for venires?

A

defendant has a right to have the jury selected from a representative cross section of their community

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7
Q

what is the defendant’s burden to show that the cross section is inadequate? (thus violating their JT right)

A

defendant need only show the underrepresentation of a distinct and numerically significant group in the venire

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8
Q

does a defendant have a right to proportional representation of all groups on their selected jury?

A

no (only for venires)

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9
Q

what use of peremptory strikes by a prosecutor violates the Equal Protection clause?

A

when prosecutor uses peremptory strikes to exclude potential jurors solely on account of their race or gender

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10
Q

what are the three steps to challenging a peremptory strike based on equal protection?

A

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

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11
Q

when may a juror be excluded for cause?

A

when their views would prevent or substantially impair the performance of their duties in accordance with their instructions/oath

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12
Q

when is a defendant entitled to questioning on voir dire specifically about racial bias?

A

whenever race is bound up in the case OR the defendant is accused of interracial capital crimes

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13
Q

what is the consequence of violating a defendant’s right to counsel at trial?

A

automatic reversal

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14
Q

what is the consequence of violating a defendant’s right to counsel during nontrial processes?

A

reversal unless the error is harmless

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15
Q

when can a defendant waive their right to counsel at trial and proceed pro se? (2 rqmts)

A

when… (based on judge’s judgment)
1) their waiver is knowing and intelligent, and
2) defendant is competent to proceed pro se

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16
Q

does a defendant have a right to proceed pro se on appeal?

A

no

17
Q

how far does the right to effective assistance of counsel extend?

A

to the first appeal

18
Q

what must a defendant claiming ineffective assistance of counsel show?

A

1) deficient performance by counsel, and
2) but for the deficiency, the result of the proceeding would have been different

19
Q

what must be shown to satisfy “deficient performance”? (IAC)

A

specific deficiencies that are NOT based generally on things like inexperience, lack of prep time, complexity of defenses/charges, or accessibility of witnesses

20
Q

under what circumstance will a new trial be automatically granted without the need to show prejudice? (IAC)

A

when counsel admits their client’s guilt in the face of defendant’s clearly articulated desire to maintain their innocence

21
Q

when does counsel’s failure to notify a defendant of a plea offer constitute deficient performance? (IAC)

A

when the defendant can show that…
1) had the plea been communicated, the defendant likely would have accepted, and
2) plea likely would have been entered without the state’s withdrawing it

22
Q

does a subsequent fair trial prevent the defendant from raising IAC as to plea offer?

A

no

23
Q

what circumstances do NOT constitute ineffective assistance?

A

trial tactics and failure to raise a constitutional defense that is later invalidated

24
Q

what is the defendant entitled to if, after counsel notifies court of conflict of interest at/before trial, the court refuses to appoint separate counsel?

A

automatic reversal

25
Q

if two ppl are tried together and one has given a confession that implicates the other, can that statement be used?

A

no (even where the confession interlocks with the defendant’s own statement, which is admitted)

26
Q

under what circumstances, may a statement by a co-defendant implicating the other be admitted at trial?

A

1) when all portions referring to the other defendant can be eliminated,
2) the confessing defendant takes the stand and subjects themself to cross exam with respect to the truth or falsity of what the statement asserts, OR
3) the confession of the non-testifying co-defendant is being used to rebut the defendant’s claim that their confession was obtained coercively

27
Q

when is face to face confrontation NOT required under the confrontation clause?

A

when preventing such confrontation serves an important public purpose (ie – protecting child witnesses from trauma)

28
Q

under what limited circumstance may prior testimonial evidence be admitted at trial?

A

1) declarant unavailable, and
2) defendant had an opportunity to cross exam the declarant at the time the statement was made

29
Q

when is the judge required to give a jury instruction requested by the defendant/prosecution?

A

when the instruction…
1) is correct,
2) has not already been given, and
3) is supported by some evidence

30
Q
A