Guarantees of a Fair Trial Flashcards
When may a severance be granted for 2 Ds?
if they are tried together and one D is unfairly prejudiced at any stage of a joint trial
the confrontation clauses prevents the use of one Ds convention to…
implicate a co-D
Jury instructions in confrontation clause issues are adequate if:
1- incriminating portions of the confession can be adequately redacted
2- the co-D takes the W stand after making a confession and is subject to cross-examination
3- the co-D’s statement is subject to the harmless error rule
A claim of ineffective counsel requires the D to prove 2 things:
1- the counsel was ineffective in that it deviated from prevailing norms
2- there is a reasonable probability that the verdict would have been not guilty but for the ineffectiveness
***proof isn’t needed if there is an actual conflict
When can a client waive his right to counsel?
at the trial court, but not on appeal
Failure to provide counsel at trial results in:
automatic reversal
When does right to counsel NOT attach?
1- prelim identification procedures
2- pre-indictment lineups
3- detention hearings
4- GJ proceedings
5- discretionary appeals
6- parole revocations
7- habeas corpus proceedings
How is D’s competency determined?
1- at time of trial
When does the right to a jury trial attach?
any criminal proceeding where the D faces a potential sentence of longer than 6 months
***no right to jury in a civil contempt case
What are the jury requirements of a federal trial?
1- a unanimous verdict from a 12-member jury
***6-member juries are ok for noncapital cases
***state criminal trials with 12-member juries need not be unanimous
How can the sate rebut a charge of racial discrimination in jury selection?
By showing a it followed racially neutral selection procedures
Can a D exclude the public and press from his criminal trial?
Yes, via the 6th amendment
What type of out-of-court statements are barred by the Confrontation Clause?
Ones that are testimonial in nature after the emergency has ceased.
Mandatory Presumptions in criminal settings are
unconstitutional as a violation of due process
Permessive Presumptions in criminal settings are
allowed only when there is a rational connection
