Day 2

Question 1

What is a Structural Error in a Criminal Trial?

Answer 1

This is a an error that affects the entire framework of a criminal trial and renders it fundamentally unfair. (eg denial of the 6th amendment right to jury trial).

These can include:
- biased judge
- deprivation of right to counsel
- attorney enters guilty plea over defendants objection
- discriminatory selection of jurors
- exclussion of D from courtroom during trial
- denial of public trail/and or jury trial
- improper jury instruction on burden of proof.

Question 2

When does larceny merge into robbery?

Answer 2

When property is taken from the victim’s person or presence by
1. force - more force than necessary to acquire or retain the property
or
2. intimidation - threat or immediate death or serious physical injury to the vitim, the victims close family member, or someone at the crime scene

Question 3

MPC Theft definition

Answer 3

Includes the Common Law Property offenses of larceny, embezzlement, false pretenses, and receipt of stolen goods are treated as a single statuory crime of theft.

Addiotnally, the definition of prop. has been expanded from tanigible personl prop (the common law view) to include anything of value - eg. intangibles, services, and documents.

Question 4

What is the Bruton Rule for codefendants? (6th Amend)

Answer 4

A defendant’s Sixth Amendment right to confront witnesses is violated when:

A non-testifying co-defendant’s confession:
1. Directly implicates the defendant
And
2. is introduced at a joint trial

Exception: No violation if:

1. The confession is redacted to remove any reference to the defendant
2. Or the co-defendant testifies and can be cross-examined