Fair Trial Guarantees Flashcards
When does D have right to counsel at trial
D may not be imprisoned for any offense unless they were represented by counsel or waived the right to counsel
When is D’s right to counsel applicable during adversarial process
Right to counsel attaches to all critical stages of proceedings that affect the D’s right to a fair trial including
-trial
-preliminary hearing
-corporeal identifications
-police questioning
When is right to counsel at trial triggered
Right to counsel at trial is triggered by the actual result of the case such that any trial resulting in confinement triggers the requirement for the D to have had counsel
-right to counsel is not triggered by the mere risk of imprisonment
What is standard for effectiveness
Right to counsel means the right to effective counsel, but courts presume legal counsel is effective. An attorney will be deemed ineffective if their performance fell below the minimum standard of lawyer conduct
What are requirements for D seeking new trial based on claim of ineffective assistance of counsel
D seeking a new trial based on claim of ineffective assistance of counsel must prove both:
1. that their counsel was ineffective
2. that had lawyer been effective, it would have created a reasonable probability that the outcome of the case would have been different (reasonable doubt standard)
When does D have right to jury trial?
D’s right to jury trial attaches if D faces a potential sentence of more than six month’s confinement
Does right to trial get triggered by risk or result
Right to a jury trial may be triggered by either hte risk or potential result of confirment for 6+ months
What are jury representation requirements
jury selection: D has right to jury selection from fair cross-section of community in terms of ethnic and gender demographics
petit jury: D does not have a right to a fair demographic cross-section, and there’s no requirement
What is the Confrontation Clause
Sixth Amendment confrontation clause provides D with the right to confront witnesses and evidence presented against them
When is Confrontation Clause triggered
Confrontation clause is triggered by testimonial evidence, which are statements made in situations where witness would expect it to be used as evidence
When is confrontation clause satisfied
Confrontation clause is satisfied by witness testimony provided under oath if the D has had an opportunity to cross-examine the witness
What must D establish to have charge dismissed based on violation of double jeopardy
D has previously been in jeopardy for the same offense in the same sovereign
When does jeopardy attach
In non-jury trial: when the first witness is sworn and the court begins to hear evidence
in jury trial: when the jury is impaneled and sworn
When are crimes considered the same offense
Two crimes occurring out of the same transaction are considered the same offense, unless
1. each charge requires proof of a separate criminal impulse (e.g. multiple victims in one transaction)
2. each charge requires proof of a separate factual element
Are states different sovereigns from each other
Yes, each state is its own separate sovereign
