Guarantees of a Fair Trial and Double Jeopardy Flashcards
Absent waiver, a defendant may not be “imprisoned for any offense, whether classified as petty, misdemeanor, or felony” unless:
he was represented by counsel
The trigger for providing free counsel is:
actual result not potential result – any trial that results in any confinement triggers the requirement to provide the defendant with counsel
A defendant seeking a new trial based on a claim of Ineffective Assistance of Counsel must prove both:
(1) Counsel was ineffective
(2) Had the lawyer been effective: it would have created a reasonable probability of a different outcome
The right to a jury trial attaches in any criminal proceeding where the defendant faces a potential sentence of:
longer than six months
The defendant has a right to a jury selected from a fair cross-section of the community, which means a jury pool that reflects:
a fair cross section of the ethnic and gender demographic of the community
If the defendant can show that a distinct group was “systematically excluded” from the jury pool, he is entitled to
a new trial.
However, the use of peremptory challenges to exclude prospective jurors based on minority race or gender:
violates equal protection
Confrontation Right
The Sixth Amendment provides defendant with the right to confront witnesses and evidence against him
The right to confrontation is triggered only by:
testimonial evidence – statements made in a context where the witness would expect the statement to be used in a criminal trial
Define Double Jeopardy
The double jeopardy clause is intended to prevent undue harassment and expense by eliminating the risk of a defendant being placed in jeopardy more than one time for the same offense
When does Jeopardy Attach
i) In a non-jury trial, jeopardy attaches when the first witness is sworn and the court begins to hear evidence
ii) In a jury trial, jeopardy attaches when the jury is empanelled and sworn
The double jeopardy prohibition does not prevent dual prosecution by
separate sovereigns.
