Trial Flashcards
1
Q
Does a defendant have a right to force witnesses to testify?
A
Yes
2
Q
What is the cruel and unusual punishment clause?
A
Life without parole for a juvenile is unconstitutional.
- For non-homicide only.
- For homicide = constitutional.
Death penalty cannot be imposed on
- Defendants who were under 18 when they committed crime
- Insane at the time of execution
- Cognitive impairment.
3
Q
Can a prosecutor bring attention to the jury that a defendant failed to take the stand?
A
No.
4
Q
What is the test of competency to stand trial?
A
Whether the defendant comprehends the nature of the proceedings against him and assist lawyer in defense.
5
Q
What are the speedy trial rights?
A
Statute of limitations begin when crime occurs.
Courts look to 4 factors to see if there was a violation of 6th Amendment speedy trial.
- length of delay
- reason of delay
- Whether defendant asserted the right
- risk of prejudice.
