Trial

Question 1

Defendant Presence

Answer 1

D has a right to be present at initial arraignments, every trial stage, and sentencing

Question 2

Jury

Answer 2

Federal - 12 jurors required unless waived in writing and approved by the court. A unanimous verdict by 11 is permitted if 12th juror excused for good cause after deliberations began.

State - 6 jurors required. Unanimous verdict required.

A jury fewer than 6 members is a DPC violation

Unanimous verdict is required inn federal & state court regardless of number of jurors

Each party is entitled to 3 peremptory challenges of jurors, but when number of parties on opposite sides is unequal, the opposing parties is entitled to the same aggregate number of peremptory challenges

Question 3

8th Amendment - Cruel and Unusual Punishment

Answer 3

Capital punishment - can only be imposed under statutes that provide clear/objective standards, specific/detailed guidance, and opportunity for rational review of process

Non-death penalty - D must show sentence is grossly disproportionate to crime