Constitutional Protections — Sixth Amendment, etc.

Question 1

What does the Sixth Amendment guarantee?

Answer 1

1. Right to counsel.
2. Right to confront witnesses.
3. Right to a jury trial.
4. Right to a speedy trial.

Question 2

When does the right to counsel apply under the Sixth Amendment?

Answer 2

• Applies after formal charges at all critical stages of prosecution.
• Includes:
  
  1. Custodial interrogations.
  2. Post-charge lineups.
  3. Arraignments.
  4. Preliminary hearings for probable cause.

Question 3

Does the right to counsel apply before formal charges?

Answer 3

No. Before formal charges, the Fifth Amendment governs custodial interrogations and lineups.

Question 4

When does a suspect have the right to counsel during a lineup?

Answer 4

1. No right to counsel for pre-charge or investigative lineups.
2. Right to counsel for post-indictment or post-charge lineups.

Question 5

What is required for a lineup to be valid?

Answer 5

It cannot be unduly suggestive, biased, or likely to cause misidentification.

Question 6

How is effective counsel determined?

Answer 6

1. Did the lawyer deviate from norms of professional practice?
2. Is there a reasonable probability that the outcome would have been different?

Question 7

Can a defendant waive their right to counsel?

Answer 7

Yes, if the waiver is made knowingly and intelligently.

Question 8

What does the right to confront witnesses provide?

Answer 8

The ability to:
1. Cross-examine adverse witnesses.
2. Exclude testimonial statements unless the witness is available for cross-examination.

Question 9

When does a co-defendant’s confession violate the confrontation right?

Answer 9

When the co-defendant does not testify.

Question 10

When does the right to a jury trial apply?

Answer 10

For serious offenses with potential imprisonment of more than 6 months.

Question 11

How many jurors are required?

Answer 11

• 6 jurors: Verdict must be unanimous.
• 12 jurors (federal): Must be unanimous.
• 12 jurors (state): Substantial majority allowed.

Question 12

What does the Equal Protection Clause prohibit in jury selection?

Answer 12

Discrimination against a distinctive group based on race or gender.

Question 14

What factors determine if the right to a speedy trial is violated?

Answer 14

1. Length of delay.
2. Reason for the delay.
3. Whether the delay prejudices the defendant.

Question 16

What is the prosecution’s burden of proof?

Answer 16

Must prove all elements beyond a reasonable doubt.

Mandatory presumptions in criminal cases violate due process.

Question 17

What is the defendant’s burden for defenses?

Answer 17

Must prove elements of defense by a preponderance of the evidence.

Question 18

Does the defendant have a right to a public trial?

Answer 18

Yes, unless there is an overriding interest to close the trial.

Grand jury proceedings are not public (i.e. no right to public trial).

Question 19

What rights do defendants have in grand jury proceedings?

Answer 19

1. Defendants have no right to be present.
2. Witnesses have no right to counsel inside the room.
3. The exclusionary rule does NOT apply.

Question 20

What does the Double Jeopardy Clause prohibit?

Answer 20

Being tried for the same offense twice after jeopardy attaches.

Question 21

When does jeopardy attach?

Answer 21

1. Jury trial: When the jury is empaneled and sworn.
2. Bench trial: When the first witness is sworn in.

Exceptions:
1. Successful appeal.
2. Mistrial due to necessity.

Question 22

: Can a defendant be tried for the same crime in different jurisdictions?

Answer 22

Yes, if tried by Different Sovereigns:
1. Different states.
2. Both state and federal courts.

• Jon is tried and acquitted in Florida. Can he be tried for the same crime in Oklahoma? Yes.
• Can he be tried in both state and federal courts for the same crime? Yes.

Question 23

What is collateral estoppel in criminal law?

Answer 23

Prevents retrial if the second case requires proving an element that the defendant was previously acquitted of.

• Jon is acquitted of bank robbery. Can he later be tried for larceny from the same robbery? No, if the larceny charge relies on proving the robbery occurred.

Question 24

When is a retrial permitted after jeopardy attaches?

Answer 24

A retrial is permitted in the following situations:
1. Defendant’s successful appeal: If the defendant’s conviction is overturned on appeal, the case can be retried.
2. **Mistrial for necessity: **If the trial is stopped for reasons outside of the defendant’s control (e.g., a hung jury or an emergency), the case may be retried.

• Jon is acquitted of robbery. Afterward, a security guard who was wounded in the robbery dies. Can Jon be retried for felony murder (which involves the guard’s death)?
  Answer: Yes, Jon can be retried because the death creates a new charge—felony murder, which is distinct from the robbery charge.

Question 25

What does the **exclusionary rule** prohibit?

Answer 25

The use of evidence obtained in violation of the defendant’s **4th, 5th, or 6th Amendment rights**. **Exceptions:** 1. **Independent source** doctrine. 2. **Inevitable discovery**. 3. **Intervening factors** purging the taint. 4. **Good faith** reliance on a defective warrant.

Question 26

When is the **death penalty** prohibited?

Answer 26

For defendants who were: 1. Under **18 years old** at the time of the crime. 2. **Mentally challenged**.

Question 27

What **safeguards** are required for the **death penalty**?

Answer 27

1. Must prevent **arbitrary** or **discriminatory sentencing**. 2. Sentencing must follow **procedural safeguards**.

Question 28

What constitutes **cruel and unusual punishment**?

Answer 28

Punishment that is: 1. **Grossly disproportionate** to the crime. 2. Inconsistent with punishments for **similar crimes**.

Question 29

When does the defendant have a **right to counsel**?

Answer 29

At **critical stages**, including: 1. Post-indictment interrogation. 2. Arraignment. 3. Preliminary hearings for prosecution. 4. Post-charge lineups. 5. Felony trials.

Question 30

When does the defendant **NOT** have the **right to counsel**?

Answer 30

1. **Pre-charge** investigative lineups. 2. **Photo IDs**. 3. **Blood or handwriting samples**.

Question 31

When is a **guilty plea** valid?

Answer 31

When it is entered **voluntarily and intelligently**.