Fair Trial Guarantees Flashcards
if 2 coDs are tried together, whem may they be severed
if at any point, 1 coD is unfairly prejudiced
if a joint trial and 1 coD’s confession implicates the other D,
trial must be severed
to show ineffective assistance of counsel, D must show
ineffective: fell below prevailing norms
and
prejudice: reas probability that the verdict would not have been guilty had counsel been effective
D’s right to represent himself: what can the court do
can appoint standby counsel
can say D is incompetent to defend self
waiver of rt to counsel must be
knowing and voluntary
failure to provide counsel at trial =
automatic reversal.
before trial, harmless error rule
if a COI is shown bt counsel that jeopardizes rts of any D or adversely affects atty’s perf
violates 6A
rt to jury trial attaches where D is facing
potential sentence of over 6m
of people in a jury that was held uncons
5
when does D have rt to a public trial
in all crim pros
fundamental right to confront Ws’s primary purpose is
to give D an opp to xexam Ws at trial
right to compulsory process gives D
power to present own Ws and a fair opp to present a defense free from intimidation or prejudical exclusion of material ev
aff defenses may be proven by
prep of ev
insanity cases: burden
D shows some ev of insanity
pros must prove sanity BRD
mandatory presumptions are
uncons
