Criminal Flashcards
How many criminal trials have you had?
Resume answer + tried a number of trials to verdict
Where is the right to a speedy trial found?
6th Amendment
What is a grand jury?
The functions flows from the 5th amendment. A grand jury is a group of 16-23 people empaneled to determine whether is “probable cause” to believe that an individual has committed a crime and should be put on trial.
Grand jury proceedings are not public.
12 or more members must vote in the affirmative to indict.
Do criminal defendants have a right to counsel during grand jury proceedings?
No. The target of the grand jury doesn’t have a right to appear.
How many grand jury members are there?
16-23. 12 votes in the affirmative are necessary to indict.
When does the right to counsel attach?
When adversarial proceedings have begun.
What is an arraignment?
An arraignment is the first step in a criminal proceeding where the defendant is brought in front of the court to hear the charges against them and enter a plea.
Does the accused have a right to counsel at an arraignment?
The 6th amendment right to counsel attaches wen criminal proceedings have begun. An arraignment is the first step of criminal proceedings. So, yes.
What is a Miranda warning?
“Miranda warning” refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee, including 5th amendment (right against self-incrimination) and 6th amendment (right to counsel).
When are Miranda warnings given?
When taken into custody.
What constitutes custody?
A person qualifies as detained or in custody whenever they are not free to leave.
What factors should be considered during sentencing?
The factors to be considered for sentencing are found at 18 USC 3553; they include:
- The nature of the offense and history of the defendant,
- The kinds of sentences available,
- The impact on the victims,
- The need to avoid unwarranted sentencing disparities.
My goal with any sentencing would be that victims and defendants alike feel seen and heard and that the community feels that the process and judgment were just.
Child Pornography
- The evidence is difficult to deal with in those cases. The sentencing factors described at 18 USC 3553 ask judges to consider the severity of the crime before them. I would follow the law faithfully. Unfortunately, senator, I’m likely to face cases dealing with child pornography, so saying how I would rule or my opinion would show prejudgment in a way that inconsistent with the judicial oath and canons.
- I acknowledge that child pornography is an incredibly serious offense, but sentencing is an incredibly fact intensive inquiry. If confirmed, I will consider the statutory sentencing factors, the sentencing guidelines, and the recommendations of the parties.
