Trial

Question 1

Due process is violated if the judge has ____ against D, or has a ____ interest in the trial result.

Answer 1

Actual malice; financial

Question 2

Right to jury trial is only for ____ offenses, for which imprisonment for ____ is authorized.

Also no right to jury trial in _____ proceedings.

Answer 2

Serious; more than six months

Juvenile delinquency

Question 3

Peremptory challenges can be made for any reason except for ____.

Answer 3

Race or gender reasons

Question 4

If D raises race/gender Eq Prot argument for a preemptory challenge, this must happen: (3 steps)

Answer 4

1) D shows facts or circumstances raising an inference that exclusion was based on race/gender
2) P then comes forward with race/gender-neutral reason for the strike
3) Judge then determines whether this reason was the genuine reason to strike, or just a pretext

Question 5

D may waive right to counsel if: 2

Answer 5

Waiver is knowing and intelligent
AND
D is competent to proceed pro se

Question 6

If two ppl are tried together and one gives a confession that implicates the other, the confrontation clause prohibits using that statement. T/F

Answer 6

True, unless: all portions relating to other D can be eliminated, the confessing D takes the stand, OR this is being used to rebut D’s claim that their confession was obtained coercively