Guarantees of a Fair Trial

Question 1

Right to Counsel at Trial

Answer 1

D may not be imprisoned for any offense unless he was represented by counsel or waived that right

Question 2

Right to counsel is trigger by:

Answer 2

actual result of case, not risk. Any trial that results in confinement triggers requirement for D to have counsel.

Question 3

A Defendant seeking a new trial based on a claim of ineffective counsel must prove:

Answer 3

1) that counsel was ineffective (below minimum standard of lawyer conduct;
2) had the lawyer been effective, it would created a reasonable probability that outcome would have been different, effective representation would have created reasonable doubt.

Question 4

Right to Jury Tiral

Answer 4

attaches if D faces a potential sentence more than 6 months confinement (triggered by risk/potential results)

Question 5

D has right to jury selection from a:

Answer 5

1) jury selection from a fair cross section of community

2) but no requirement to be a fair cross-section

Question 6

Confrontation clause

Answer 6

6th amendment provides D with right to confront witnesses and evidence presented against him