Competant Speedy Juries are Special and Sentence Immunity

Question 1

Competent

Answer 1

Competency Guilty

(1) Competancy = understand charge + proceedings + consequences + assist (low) != guilty, pro se (atty standard)
(2) Guilty plea = knowing +intelligent + voluntary = plain statement

Question 2

Speedy

Answer 2

Speedy Present Venue

(1) Speedy trial = right = 90 days from arraignment, 60 if in custody
(2) Present = right = forfeited if voluntary leave, disruptive behavior != forced to testify
(3) Venue change = prejudicial publicity

Question 3

Jury

Answer 3

Jury Challenge Cause

(1) Jury trial = right when jail time
(2) Juror Challenge: peremptory rights = any reason != race,sex; objections = provide non-discriminatory reason.
(3) For Cause = <18, related party, etc.

Question 4

Special

Answer 4

Special Breach Each

(1) Special Duties = no knowing use of perjury, affirmative duty to disclose exculpatory, albeit unreliable
(2) Breach = even if unintentional, but avoid sanctions
(3) Each provide all witnesses statement, except D = provide insanity defense + notice & identity of alibi

Question 5

Sentence

Answer 5

Sentence Guidelines Double

(1) Sentencing = 40 days + statutory guidelines + departure from presumptive ranges in writing
(2) Guidelines = prior convictions, but maybe no felonies more than 10 years old
(3) Double jeopardy = jury or 1st witness bench; waiver = appeal, unrequested mistrial != prosecutorial misconduct, insufficient evidence; appeal is not grounds for double jeopardy unless there was insufficent evidence

Question 6

Immunity

Answer 6

Immunity Juvenile Declination

(1) Immunity = transactional and use (better).
(2) Juvenile Jurisdiction = < 18 at time of trial = same constitutional rights – jury
(3) Declination = transfer to adult