Sixth Amendment Flashcards
What must a claimant show to reverse a conviction based on ineffective assistance of counsel?
The correct answer is
(i) Counsel’s representation fell below an objective standard of reasonableness; and
(ii) Counsel’s deficient performance prejudiced the defendant, resulting in the reasonable probability that the outcome would have been different
State the Blockburger test.
Two crimes committed in one criminal transaction are deemed to be the same offense for Sixth Amendment purposes unless each offense requires proof of an element that the other does not.
What is the proper remedy if a right to counsel under the Sixth Amendment is denied at a pleading stage, and the defendant pleaded guilty?
The defendant has the right to withdraw the plea, and it may not be used against the defendant as an evidentiary admission.
What is the proper remedy if a right to counsel under the Sixth Amendment is denied at a nontrial proceeding?
The denial is subject to harmless-error analysis on appeal.
When does the Sixth Amendment right to counsel apply to eyewitness identifications?
A defendant is entitled to have counsel present at any post-indictment lineup or show-up in which the defendant is required to participate. The right to counsel does not apply to any pre-indictment lineup or to non-corporeal identifications (e.g., photo arrays).
When does a defendant have a right to a jury trial?
In the federal system, the Sixth Amendment provides the right to jury trials.
In states, the Fourteenth Amendment provides jury trials in criminal cases involving non-petty offenses (i.e., those that carry an authorized sentence of more than six months of imprisonment, regardless of the actual penalty imposed).
How many jurors are required under the Constitution, and how many jurors must be in agreement to render a verdict?
A jury of fewer than six members is a denial of due process. A unanimous verdict is constitutionally required of both federal and state juries, regardless of the of the number of jurors.
Note: The Federal Rules of Criminal Procedure require a unanimous vote by a 12-member jury in federal criminal trials, unless waived in writing and approved by the court. A verdict by 11 jurors is permitted if the 12th juror is excused for good cause after deliberations begin.
