Trial Flashcards
What is the 6A/14A right to public trial?
Depends on the stage of the proceedings:
- pretrial proceedings: generally presumptively open to public
- trial: press & public have 1A right to attend trial itself (state may even permit over D’s objection)
What is the right to an unbiased judge?
DP is violated if judge is shown to have (a) actual malice towards D OR (b) financial interest in having trial result in guilty verdict.
Note: bias is present if judge had involvement as prosecutor re case
What are a criminal D’s trial-related rights?
- right to public trial
- right to trial by jury
- right to counsel
- right to confront witnesses
- right to unbiased judge
- due process rights:
- trial may not be conducted in manner such that jury is unlikely to give evidence reasonable consideration
- state cannot compel D to stand trial in prison clothing
- state cannot compel D to stand trial shackled, unless court finds necessary for safety/escape
- violated if jury is exposed to outside influence favorable to the prosecution
- no bad faith destruction of evidence
What does the right to trial by jury encompass?
Right to trial by jury only applies to serious offenses - i.e. any offense with possibility of imprisonment for over 6 months.
- No right to jury trial in juvenile delinquency proceedings.
- criminal contempt proceedings (in separate trial) - applies if penalites > 6 mo
Under right, D’s must have:
- at least 6 jurors (no right to 12)
- right to have jury selected from a representative cross section of community
- right to impartial jury
What does D need to show if arguing that right to jury trial was violated b/c was not a proper cross section of community?
D need only show the underrepresentation of a distinct and numerically significant group in the venire to show their jury trial right was violated. (But NO right to proportional representation of all groups).
What is process for challenging a peremptory strike under EPC?
If a D is alleging that a peremptory strike violated the EPC, i.e. excluded a potential juror based solely on race or gender, the following must occur:
(1) D shows facts or circumstances that the exclusion was based on race or gender
(2) then, P must come forward with race/gender-neutral explanation for the strike (note: even unreasonable explanation is sufficient)
(3) judge assesses whether P reason was real or pretext
When should a prospective juror be excluded for cause?
When the juror’s views would prevent or substantially impair the performance of their duties in accordance with instructions and oath.
Note: for capital punishment cases, expressing doubts re death penalty is insufficient to exclude for cause, BUT D must be allowed to ask if they would automatically give death penalty upon guilty verdict, if answer is yes they must exclude juror
When is a D entitled to questioning voir dire directed at racial prejudice?
Whenever race is bound up in the case or accused of interracial capital crime.
Is an inconsistent verdict reviewable?
No.
How may sentenced be enhanced (when statute allows for enhancement based on certain facts)?
- P must submit proof of facts to jury (NOT judge)
- prove BRD
BUT, judge may decide whether sentences run consecutively vs. concurrently (even tho based on facts)
When does the D right to counselapply? What is legal effect of violation of the right?
D has right to counsel at trial IF charged with felony OR charged with misdemeanor + imprisonment IS actually imposed after conviction.
If D’s right is violated at trial (denied counsel OR erroneous disqualification of counsel), MUST reverse conviction.
If D’s pretrial/nontrial right to counsel was violated, then apply harmless error test.
Does D have right to self-represent at trial? on appeal?
Yes, D can self-represent at trial as long as court finds waiver is knowing and intelligent, and is competent to proceed pro se.
D does NOT have right to self-represent on appeal.
When is counsel insufficient under 6A?
6A provides for the right to effective assistance by counsel. To show ineffective assistance by counsel, D must show:
- deficient performance by counsel
- AND, but for the deficiency the result of the proceeding would have been different
Reason for deficiency can NOT be: complexity of issues, lack of time to prep, inexperience, etc.
Can be: failure to notify D of plea offer if D can show (1) D would have accepted plea and (2) plea would have been entered w/o P cancelling
What does the Confrontation Clause provide for?
6A Confrontation Clause gives D’s in criminal prosecution a right to confront the witnesses against them.
- person-person confrontation not req’d if avoiding furthers important public purpose (trauma)
Prior testimony: Under CC, prior testimony introduced to prove the truth of the matter asserted (hearsay) may not be admitted if
- hearsay is testimonial (i.e. made in furtherance of investigation rather than emergency aid)
UNLESS
- declarant unavailable as witness
- AND, D had an opportunity to cross-examine the declarant at time statement was made
Note: forensic lab tests results ARE testimonial if offered as hearsay
Note: forfeiture by wrongdoing exception - if D prevents witness from testifying for the purpose of that prevention
What happens if 2 ppl are tried together as co-defendants and one has given a confession re themselves that also implicates the other?
Under CC, the confession is not allowed to be introduced since it functions as statement against non-confessor as well. BUT, may be admitted if:
- all portions referring to other D can be eliminated
- confessing D takes the stand is subjects to cross-exam re the statements
- confessing D does not take the stand, but confession is being used to rebut the other D’s claim that the confession was obtained coercively
