Themis Essay 842 Flashcards
The right to a jury trial extends to felonies, and the ability to have a bench trial can occur
with the consent of the defendant, the Commonwealth, and the judge.
A defendant may waive his right to a jury trial upon the advice of his counsel, as long as
the Commonwealth Attorney and the judge agree and the court determines before trial that the waiver was voluntarily and intelligently given; the waiver of all parties must be on the record.
A jury is bifurcated to allow for both a guilt and sentencing phase, where the same jury will decide punishment, but the judge upon consent of the defendant and the Commonwealth, can be allowed to
determine the sentence.
The Fifth Amendment protects against
compelled self-incrimination and preserves the right to remain silent during custodial interrogation.
In Virginia, the Commonwealth bears the burden of proof beyond a reasonable doubt that a confession was
(i) made after a waiver of Miranda warnings, and (ii) was voluntary.
Any promises, threats, or coercion during custodial interrogation will
negate the voluntariness of a confession.
The defendant’s age, state of health, education, and intoxication are all factors in determining
the coercive nature of a confession.
A review of voluntariness is based on the
totality of the circumstances, including the time, length, place, and presence of others.
Under the Sixth Amendment, a defendant has the right to
directly encounter and cross-examine adverse witnesses, and to be present at any stage of the trial that would enable the defendant to effectively cross-examine adverse witnesses.
A denial of the opportunity to cross-examine a prosecution witness violates
the Confrontation Clause.
If a juvenile 14 years of age or older at the time of the offense is charged with an act that would be a felony if committed by an adult, then
the availability of transfer from juvenile court to circuit court is based on the defendant’s age and the nature of the felony.
For any felony by juveniles 14 years of age or older at the time of the offense, the court may
adjudicate guilt and impose a sentence.
Upon the Commonwealth’s motion, before a hearing on the merits, the court may hold a
transfer hearing to determine whether to retain jurisdiction or transfer the proceedings to circuit court.
If requested by written notice by the Commonwealth, the court must conduct a preliminary hearing if
a juvenile who was 16 years of age or older at the time of the offense is charged with certain violent crimes; if probable cause is found at that hearing, the case must be certified to the circuit court for trial.
In no scenario does the General District Court have jurisdiction over
a juvenile defendant.
