The Trial Process Flashcards
Sixth Amendment Right to a Jury Trial
D has a right to jury trial for all SERIOUS offenses, where punishment is more than 6 MONTHS
Jury Size
Federal: 12 and must be unanimous
States: 6 or more and do not have to be unanimous unless only 6 jurors
Jury Pool
Must represent a FAIR CROSS SECTION OF THE COMMUNITY from which no distinctive group is excluded
Ways to Remove Potential Jurors
2
(1) For-Cause Challenges
(2) Preemptory Challenges
For-Cause Challenges
Used to ensure impartial jury
Jurors can be removed for cause when they reveal something that will prevent them from being impartial and deliberating fairly
No limit to number of challenges
Peremptory Challenges
Can generally be made for any reason besides race or sex
Limited in number of challenges
Speedy Trial Clause of Sixth Amendment
Protects against delay that occurs between time of arrest/indictment and the time of trial
Factors Courts Use in Speedy Trial Clause Claim
4
(1) LENGTH of the delay;
(2) REASONS for the delay;
(3) Whether D ASSERTED RIGHT to a speedy trial; and
(4) RISK OF PREJUDICE to D
Confrontation Clause
Sixth Amendment guarantees D right to confront witnesses against them
Crawford Doctrine
If a statement is testimonial, then Sixth Amendment bars admission of the statement if:
(1) DECLARANT UNAVAILABLE; and
(2) NO PRIOR OPPORTUNITY for D to cross-examine witness
Bruton Doctrine
If there are co-defendants, a non-testifying co-defendant’s statements are NOT ADMISSIBLE AGAINST OTHER D
D’s Right to Present Witnesses
D has right to compulsory process to obtain witnesses in their defense
Burden of Proof
Prosecution must prove every element of crime BEYOND A REASONABLE DOUBT
Burden of proof for affirmative defenses on D
