Crim Pro - Trial

Question 1

Right to unbiased judge

Answer 1

Bias here means financial incentive in outcome, OR actual malice.

Question 2

Right to jury

Answer 2

Attaches only if jail time will exceed 6 mos.

jury min = 6; max 12, do not need unanimous in 12, 10-2 enough.

Right to have jury POOL reflect “fair cross section” of community. (not impaneled jury)

Preemptory challenges ok, as long as not solely for race or gender.

Question 3

Right to counsel (ineffective assistance and self rep)

Answer 3

Applies to all critical stages of prosecution, including trial.

ineffective assistance of counsel - requires deficient performance by counsel, and but for the deficiency, there is a reasonable probability that the result of the proceeding would have been different.
- claim can only be made out by specifying particular errors of trial counsel

Right to self-represetnation - ok as long as waiver is knowing and intelligent, and he is competent to proceed. (trial judge discretion)

Question 4

Right to confront witnesses

Answer 4

not an absolute right

Ok if preventing such confrontation serves important public purpose and the reliability of the witness testimony is otherwise assured. (ex. insulate child from sex offender)

Also a D who is disruptive may be removed, thereby relinquishing right.

Question 5

Guilty Pleas

Answer 5

GR - Court will not disturb guilty pleas after sentencing.

Judge must address - (ceremony) -

1. nature of charge
2. maximum authorized penalty & any minimum
3. inform of right to not plead guilty and to demand trial
4. all of this MUST be on the record

Question 6

Four bases for withdrawing guilty plea (exceptions to GR)

Answer 6

1. Plea was involuntary (mistake in ceremony)
2. lack of jurisdiction
3. ineffective assistance of counsel
4. failure of the prosecutor to keep an agreed upon plea bargain

Question 7

Death Penalty (4 important facts)

Answer 7

1. A statute that disallows D a chance to present mitigating facts is unconstitutional
2. Cannot have automatic category for imposition of death penalty
3. State cannot statutorily limit mitigating factors - all relevant mitigating evidence must be admissible (or else unconstitutional
4. Only a jury, not a judge, may determine aggravating factors justifying imposition of the death penalty

Question 8

Double Jeopardy - Attachment

Answer 8

Jury = when jury sworn
Bench = when first witness sworn

generally never for civil proceedings

Question 9

Double Jeopardy - Exceptions permitting retrial

Answer 9

1. jury unable to agree upon verdict (hung jury)
2. mistrials for manifest necessity (med. emergency)
3. retrial after successful appeal (but D cannot be retired for MORE serious offense than first trial)
4. Breach of an agreed upon plea bargain by D - plea and sentence can be withdrawn and original charges reinstated **

Question 10

Double Jeopardy - def

Answer 10

Two crimes do not constitute the same offense if each crime requires proof of an additional element that the other does not.

• lesser included offense - jeopardy for greater offense bars retrial for lesser included offense. vice a versa
  (narrow exception - if D convicted of battery, later victim dies from wounds, D can be charged of murder)

Question 11

Double Jeopardy - Separate sovereigns

Answer 11

Separate sovereigns CAN try a D for same offense. (municipality within states is not separate for this)