Other rights Flashcards
D has sixth amendment right to lawyer present at lineup or show-up if…
it is conducted after judicial proceedings have begun.
When does the sixth amendment right to have lawyer present at lineup attach?
i. not triggered by Ds arrest, arrest not far enough along ii. Likely triggered after indictment iii. no right to lawyer at showing of photographs iv. can be waived by D
b. D has due process right to have lineup procedure not be…
extremely suggestive. This applies even where right to counsel does not.
What’s the suggestiveness standard for lineups?
- was procedure so suggestive that it created high likelihood that witness will erroneously identify D as perpetrator?
What happens if the witness ID’s D at a procedure conducted in violation of either of the 2 lineup rules?
i. prosecution cannot present any testimony about the bad lineup ii. BUT, victim can still make an in-court ID if prosecution establishes that this would have been an “independent source,” i.e. a source independent of the lineup procedure. 1. e.g. “I remember him from the crime, not the lineup”
Trial Rights
Trial Rights
What is the brady law?
prosecutor must disclose to a criminal defendant all material and exculpatory evidence
Ds have a right to an unbiased judge, which means:
a. he has no financial stake in the outcome of the case, and b. the judge has no actual malice towards the defendant
the defendant’s right to confront adverse witnesses under the confrontation clause of the 6th amendment does not apply where…
the face-to-face confrontation would contravene important public policy concerns. e.g. traumatizing a child witness
What is the two-prong test for ineffective assistance of counsel?
- counsel’s performance was deficient, and 2. but for the deficiency, the outcome of the trial would have been different (the “prejudice” requirement).
Discovery
Discovery
A trial court can order discovery of statements or confessions of the defendant, which includes:
a. written and recorded statements of the accused in connection with a particular case, or b. oral statements only if made to a law enforcement officer.
What are the discovery requirements?
a. discoverable items must be relevant to the case, and b. items must be known to be within the possession, custody, or control of the Commonwealth
What is reciprocal discovery?
if discovery is granted to the defense, the prosecution may motion the grand court for reciprocal discovery. right to reciprocal discovery attached only after the defense has been permitted some discovery of the state’s case
What are the non-waivable rights?
appearance and failure to state an offense
