Guarentees Of Fair Trial

Question 1

Severance

Answer 1

If co D confession implicates the other D, can’t use the co Ds confession bc violates Ds right to confront.
Ds entitled to separate trials.

Question 2

Right to counsel

Answer 2

Can waive knowingly and intelligently.
Applies when jail time is possible sentence.
Attaches at all critical stages of the trial.
Co Ds must have separate counsel if representing both posses a conflict for one atty.

Question 3

Jury trial

Answer 3

6 member jury must be unanimous to convict.
must be representative of the community.
12 member jury not need to be unanimous.
* Can’t choose jury based on race or gender

Question 3

Beyond reasonable doubt

Answer 3

Needed to find D guilty under due process.

Question 4

Public trial

Answer 4

D has right to public trial.

* except grand jury or if judge finds reason to exclude.

Question 5

Preponderance of the evidence

Answer 5

D only needs to prove defense by preponderance of evidence.