Trial Flashcards
Right to unbiased judge
Due process is violated if the judge is shown to have actual malice against D or to have had a financial interest in a guilty verdict
-Not sufficient for the judge to tell a person he does not want to ever see them again
Right to trial by jury
Only for “serious offenses,” that is imprisonment for more than six months
Number of jurors
There must be at least six (and up to 12) jurors to satisfy the constitutional right and the jury verdict must be unanimous
Right to venire selected from representative cross-section of community
D does not have the right to proportional representation of all groups on their particular jury (only jury selection)
Peremptory challenge
Although a prosecutor can exercise peremptory challenges for any reason, it cannot exclude potential jurors solely on account of their race or gender
Challenge for cause
Standard: whether the juror’s view would prevent or substantially impair the performance of their duties in accordance with their instructions and oath
Right to self representation (pro se)
D can proceed pro se if he knowingly and voluntarily waives his right to counsel and the judge determines he is competent
No right to self-representation on appeal
Effective assistance of counsel
Sixth Amendment includes the right to effective counsel, which is generally presumed
-Need to identify specific deficiencies
-Inexperience, strategy, and lack of time to prepare are too vague
An ineffective assistance claimant must show:
-Deficient performance by counsel; and
-But-for the deficiency, the result would have been different
Right to confront witness
Confrontation clause of Sixth Amendment grants a criminal defendant the right to confront adverse witnesses
-Not absolute: disruptive defendants and protecting child witnesses from trauma
Confession that implicates a co-defendant is not admissible unless:
-All references to co-defendant can be eliminated
-Confessing defendant takes the stand; or
-Non-testifying defendant’s confession is used to rebut D’s claim that their confession was obtained coercively
Prior testimonial statements (sworn statements or police interrogations not made during an ongoing emergency) are inadmissible unless:
-Declarant is unavailable; and
-D had the opportunity to cross-examine the declarant
Burden of proof
State must prove case beyond a reasonable beyond
State may impose burden of proof on D in regard to an affirmative defense such as insanity or self-defense
Presumptions
A mandatory presumption that shifts the burden of proof to the defendant violates the Fourteenth Amendment
Jury instructions
A judge is to give a jury instruction requested by the defendant or the prosecution if the instruction is correct, has not already been given, and is supported by some evidence
