Guarantees of a Fair Trial

Question 1

Right to Counsel at Trial

Answer 1

1.) A defendant may not be imprisoned for any offense unless he was represented by counsel or waived that right

**Triggered by the actual result of the case, not a risk—any trial that results in confinement triggers
the requirement for the defendant to have had counsel

Question 2

Ineffective Assistance of Counsel

Answer 2

1.) The right to counsel means the right to effective counsel. Courts presume that legal counsel is
effective; it is very difficult to prevail on an ineffective assistance of counsel claim

2. ) A defendant seeking a new trial based on a claim of ineffective assistance of counsel must prove both:
   a. ) that their counsel was ineffective (below the minimum standard of lawyer conduct); and

b.) that had the lawyer been effective, it would have created a reasonable probability that the
outcome would have been different (i.e., that effective representation would have created reasonable doubt)

Question 3

Right to Jury Trial

Answer 3

1.) This right attaches if the defendant faces a potential sentence of more than six months’ confinement
(triggered by the risk or potential result)

2. ) The defendant has a right to a jury selection from a fair cross-section of the community (ethnic and gender demographic)
3. ) The petit jury (actual jury) has no requirement to be a fair cross-section

Question 4

Confrontation Clause

Answer 4

1.) The Sixth Amendment provides a defendant with the right to confront witnesses and evidence
presented against them

2.) Trigger: Testimonial evidence—statements made in a situation where the witness would expect it to be used as evidence
**Ex: Telling a 911 operator what is currently happening during an ongoing emergency is not
testimonial, but telling them what already happened for an investigation would be

3.) Satisfied by witness testimony provided under oath if the defendant has an opportunity to cross examine (though they do not actually have to cross-examine the witness)

Question 5

Double Jeopardy

Answer 5

1. ) When a defendant moves to dismiss a charge based on a violation of double jeopardy, they must establish that they had been in jeopardy for the same offense by the same sovereign
2. ) Being previously charged is insufficient; the defendant must prove that jeopardy had attached

Question 6

Jeopardy Attaches:

Answer 6

1. ) In a non-jury trial, when the first witness is sworn and the court begins to hear evidence; and
2. ) In a jury trial, when the jury is impaneled and sworn

Question 7

Same Offense (Double Jeopardy)

Answer 7

Two crimes occurring out of the same transaction are considered the same offense, unless:

1. ) Each charge requires proof of a separate criminal impulse (i.e., multiple victims in one
   transaction) ; or

2.) Each charge requires proof of a separate factual element

Question 8

Separate Sovereignties:

Answer 8

1. ) Double jeopardy does not prevent dual prosecution by separate sovereigns; a defendant may be prosecuted for the same criminal conduct by separate sovereigns
2. ) Each state is a separate sovereign, and the federal government is separate from the states