Final

Question 1

Duty to disclose

What prosecutors must provide

Answer 1

• Statements of the defendant and/or co-defendant
• Defendants criminal history
• Copies or notice of any documents or tangible objects being used at trial
• Reports of examination and tests
• Notification of any expert witnesses
• Copies of search warrants

Question 2

Exculpatory evidence (Brady rule)

Answer 2

• Prosecutors have an obligation to provide the defense with any exculpatory evidence that is material to the issue of either guilt or punishment
• Not providing exculpatory evidence violates the DP clause - the trial is unfair because the government did not alert the defendant to exculpatory information

Question 3

Materiality

Answer 3

• The prosecutors knowing use of perjured testimony would require that the conviction be set aside
• The defendant fails to make a Brady request and the prosecutor still fails to disclose evidence favorable to the defendant
• Where the defense makes a request and the prosecutor does not produce the material responsive to the request

Question 4

Plea bargaining

Answer 4

• An agreement between the prosecutor and the defendant, accepted by the court, with terms and conditions
• crucial part to a trial and defendant is allowed an attorney
• voluntary, knowing and intelligent acts
• Reasons
  - Crowded court dockets
  - Inadequate public defenders
  - Lazy prosecutors
  - Financial incentives of private attorneys

Question 5

Prosecutorial vindictiveness

Answer 5

re indictment with the idea that the charges would discourage the defendant from asserting his trial rights

Question 6

Stickland test in plea negotiations

Answer 6

cause and prejudice

• Defendant must demonstrate a reasonable probability they would have accepted the earlier offer if it were communicated to them
• Also must demonstrate the prosecutor would not have cancelled the plea

Question 7

Requisites of a valid plea

Answer 7

• Inform the defendant and determine the he understands the nature of the charge and the possible penalty
• Insure the defendants plea is voluntary
• Require the disclosure of any plea agreement and accept or reject that agreement
• Insure there is factual basis for the plea

Question 8

A plea must be voluntary

Answer 8

it can’t be if

• The accused does not understand the nature of the rights he is waiving, or
• He has an incomplete understanding of the charge that his plea cannot be an intelligent admission of guilt
• To correct the error, most defendants are read, and asked to admit, the amended charge.

Question 9

Why juries need six people

Answer 9

• Adequate group deliberation
• Insulate members from outside intimidation
• Provide a representative cross section of the community

Question 10

Rule 23

Answer 10

• Allows a defendant to waive a jury trial with the consent of the government and the approval of the court
• Do not have a right to waive a jury trial
• Entitled to an impartial jury

Question 11

Jury selection (vior dire)

Answer 11

• Challenges for cause are for lack of impartiality
• Each are given peremptory challenges - no reason normally need to be given
• There are two rights here, the right of a defendant to an impartial jury and the right of a juror to serve on a jury

Question 12

Cases

Answer 12

Carter v jury commission: African Americans to serve on a jury
Taylor v Louisiana: women on a jury

Question 13

Batson challenge

Answer 13

-The defendant can rely on the facts of the jury selection in his particular case
-Relevant considerations include
-A pattern of striking minority jurors
-The prosecutors questions and statements during
voir dire

Question 14

Ineffective assistance of counsel

Answer 14

• Defendants argue that his lawyers representation was so inadequate that his conviction need be overturned
• Applies to both appointed and retained counsel
• Cannot be raised on direct appeal - there is no factual record created to establish those claims
• IAC claims apply to all stages where the defendant has a constitutional right to counsel
• Applies to appellate counsel on the first appeal as of right
• Most come through federal habeas corpus petitions

Question 15

The IAC test: whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result

Answer 15

• The defendant must show the the attorneys performance was deficient
• Must show the deficient performance prejudiced the defense - that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable

Question 16

Counsel conflicts of interest

Answer 16

• Real and potential conflicts of interests count
• A potential conflict arises where defense counsel owes an obligation to a person other than the defendant that could favor action or inaction adverse to the interests of the defendant client
• The trial court may have a limited duty to inquire into the possibility of a conflict on it own initiative

Question 17

Counsel control v client control

Answer 17

Defendant decides
-Whether to plead guilty
-Whether to waive the right to a jury trial
-Whether to waive the right to be present at trial
-Whether to testify or not testify
-Whether to forego an appeal
Counsel decides
-Whether to exercise a large group of procedural rights
-Strategic decisions, generally

Question 18

The right of self-representation

Answer 18

• Comes up when a defendant wants to represent himself at trial, and when a defendant wants, after the trial starts, to fire his lawyer and then represent himself
• The appellate claims come when those
• To represent oneself a judge must conclude that the decision to do so is knowingly and voluntarily made
• Considerations include age, education, experience in court, experience in representing oneself
• They have to be made aware of the dangers and disadvantages of self-representation
• They are required to follow all rules and court procedures