CRIM PRO - 6th Amendment Misc. Trial Rights

Question 1

6th Amendment Right to a Trial by Jury - when does it apply?

Answer 1

To all serious offenses - whenever the authorized punishment may exceed a six-month jail term.

Question 2

6th Amendment Right to a Trial by Jury - what are its requirements for government compliance?

Answer 2

1. A jury of more than 6
2. No racial discrimination in the selection of grant juries
3. No racial discrimination in the selection of trial juries
4. Jury must be selected from a representative cross-section of the community

Question 3

6th Amendment Right to a Trial by Jury - what remedies?

Answer 3

Invalidated indictment or conviction

Question 4

6th Amendment Right to a Speedy Trial - Foundational Statement

Answer 4

The 6th Amendment to the Constitution guarantees a criminal defendant the right to a speedy trial - a trial within a reasonable time.

Question 5

6th Amendment Right to a Speedy Trial - when does it apply?

Answer 5

The time period begins when the defendant is formally charged, or upon arrest if the arrest precedes the indictment.

Question 6

6th Amendment Right to a Speedy Trial - what are its requirements for government compliance?

Answer 6

The government is in compliance if the defendant has been brought to trial within six months of the time he was charged or arrested.

If more than six months have elapsed, a balancing test will be applied. Factors to determine whether the D has been deprived of a speedy trial:

1. Length of the delay
2. Reason for the delay
3. Defendants assertion of his right; and,
4. Prejudice to the defendant

Question 7

Pre-Indictment Delay Rule

Answer 7

If the D has NOT been formally charged, the 6th Amendment Right to a Speedy Trial does not generally apply.

HOWEVER, a delay before a formal charging document is issued may violate the clause if D can show:

1. Actual and substantial prejudice AND
2. Prosecutorial bad faith

Question 8

6th Amendment Right to a Speedy Trial - what remedies if violation shown?

Answer 8

A violation of the D’s right to a speedy trial requires a complete dismissal of the charges against him.

Question 9

6th Amendment Right to a Public Trial - Foundational Statement

Answer 9

The 6th Amendment guarantees a criminal defendant the right to a public (not private) trial. (i.e., a hearing on a motion to suppress evidence)

Question 10

What is the public’s right to attend a public trial?

Answer 10

The 1st and 14th Amendments both guarantee the public’s right to attend criminal trials; however, this right is not absolute. Absent an overriding interest articulated by the court the trial of a criminal case must be open to the public.

Question 11

What is the public’s right to a pretrial evidentiary hearing?

Answer 11

The public has no enforceable right under the 6th Amendment to access a pretrial evidentiary hearing.

Question 12

Right against excessive bail - rule

Answer 12

The 8th Amendment provides that excessive bail shall not be required.

Excessive bail is an amount reasonably calculated to assure that the D will be present at trial.

Question 13

Right to pre-trial discovery

Answer 13

A right to pretrial discovery must be granted to the defense where also granted to the prosecution.

Question 14

Right against pre-trial publicity

Answer 14

A D is entitled to be tried by a jury that is unaffected by media coverage of the events that are subject of the trial.

If his specific jury was affected by adverse pretrial publicity, the D has been denied due process.

Question 15

What is the remedy for a violation of one’s right against pre-trial publicity?

Answer 15

A change in the locality of the rial to a place not affected by the publicity.

Question 16

Right to an impartial judge

Answer 16

The accused has the right to be tried before a judge who has not interest in the outcome of the trial.

Question 17

Right to fair conduct by the prosecutor

Answer 17

The right to fair conduct by the prosecutor is violated where there is:

1. a knowing use by a prosecutor of perjured or false testimony for case in chief, for sentencing, or for impeaching the credibility of witnesses
2. the suppression by the prosecutor of evidence favorable to an accused

This results in a denial of due process.

Does NOT apply to grand jury proceedings (accusatory body vs. adjudicatory body)

Question 18

The prosecutor’s obligation to reveal evidence includes what?

Answer 18

Evidence valuable for impeachment and extends to the entire office of the prosecutor.

Question 19

Right to fair conduct by the prosecutor - standard for determining violation?

Answer 19

Whether there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the trial would have been different.

Question 20

Right to confront and cross examine witnesses - foundational statement

Answer 20

The right of the accused to confront and cross examine witnesses against him at trial is a fundamental right protected by the 14th and 6th Amendments.

Question 21

Right to confront and cross examine witnesses - what are its requirements for government compliance?-

Answer 21

Criminal D has the right to be present (generally, face to face) at his trial in order to confront witnesses against him and to assist counsel in his defense

EXCEPT where D is noisy, disorderly, disruptive (interferes with the trial)

Question 22

Rule re: Extra-judicial “Testimonial” Statements

Answer 22

Extra-judicial testimonial statements are inadmissible UNLESS:

1. the declarant is unavailable AND
2. the defendant had a prior opportunity to cross-examine the declarant OR
3. the forfeiture by wrongdoing hearsay exception applies (D has forfeited right to confront the declarant by intentional conduct designed to make the declarant unavailable to testify)

Question 23

Right to Testify - Rule

Answer 23

A D has a right to testify and to present evidence on his own behalf

Question 24

Right to be convicted beyond a reasonable doubt - Rule

Answer 24

The due process requirement of a fair criminal trial requires that the prosecution prove all the elements of the case beyond a reasonable doubt.

Question 25

Competency of D at the Time of Trial - Rule

Answer 25

A D must have the ability to understand the charges against him, to assist in his own defense, consult with his lawyer, or his trial cannot proceed.

Question 26

Guilty Plea - Rule

Answer 26

A guilty plea constitutes a waiver of the right to a trial by jury.
The waiver must be knowing and intelligent.
Prosecution by establish a prima facie case against the D.
Defendant has the right to withdraw the plea if the bargain is not kept.