Guarantees of a Fair Trial Flashcards
Important Trial Rights
Include:
- Right to Counsel at Trial
- Right to a Jury Trial
- Confrontation Clause
- Double Jeopardy
- Sentencing
Right to Counsel at Trial
Absent a waiver, an indigent defendant is entitled to a court-appointed lawyer for any trial that results in any sentence of confinement. However, the right to counsel in a misdemeanor trial applies when a sentence of incarceration is actually imposed.
Right to Counsel During Critical Stages
Remember that a D has a right for counsel to be present during every “critical stage” (e.g. jury selection).
Effective Representation
The right to counsel means the right to effective representation.
Presumption of Effective Representation
Courts presume that legal counsel is effective (it is very difficult to prevail on an ineffective assistance of counsel claim)
Ds Burden for Ineffective Assistance of Counsel Claims
The D must prove that:
- Counsel was ineffective (performed below minimum standard of lawyer conduct – look for a violation of a basic ethical duty); and
- Had the lawyer been effective, it would have created reasonable doubt.
Prohibitions to Speaking with Counsel
Keep in mind that the Sixth Amendment right to counsel prohibits a court from prohibiting a defendant from speaking to his attorney during recess.
Ineffective Assistance and Plea Bargaining
If a lawyer’s incompetent advice leads a defendant to waive trial and accept a plea, the D can challenge the conviction by showing that there was reasonable probability that the D would have pled not guilty had they received competent advice.
Right to a Jury Trial
Federal and state Ds have a right to trial by jury if they are charged with any single count or offense with an authorized penalty of more than six months’ confinement.
Unanimity of Jury Verdicts
All jury verdicts must be unanimous.
Right to a Jury Trial: Jury Pool (Fair Cross-Section Rule)
The D has a right to jury selection from a fair cross-section of the community in the jurisdiction where the D is tried. To prove a violation the D will have to show systemic exclusion of a group from the jury pool.
Right to a Jury Trial: Jury Pool v. Petit Jury
There is no requirement that the actual trial jury be a fair cross-section.
Peremptory Challenges (Batson Challenges)
Use of peremptory challenges to exclude prospective jurors based on race, gender, or ethnicity violates the EPC. If an objection is made, the party making the challenge must offer a neutral basis for challenge. The other party must then show pretext.
Who Can Make a Batson Challenge?
Both the P and the D can make a Batson challenge.
Confrontation Clause
The Sixth Amendment provides a D with a right to confront Ws and evidence presented against them. Applies only to testimonial hearsay when the D did not have a prior opportunity to cross-examine the declarant.
