Pretrial and Trial

Question 1

Right to Jury Trial

Answer 1

Only for serious offenses (imprisonment for more than six months); in misdemeanors only if imprisonment is actually imposed.

Question 2

Right to Impartial Jury

Answer 2

Exclude for cause if a juror’s views would prevent or substantially impair performing their duties.

Question 3

Right to Counsel at Trial

Answer 3

Violation requires reversal. Includes the right to effective counsel. To claim IAC, must show deficient performance and that the result would have been different otherwise.

Question 4

Right to Confront

Answer 4

Cannot use the statement of a co-defendant that implicates the defendant unless all portions referring to the defendant can be eliminated or the confessing defendant takes the stand.