Trial** Flashcards
Right to an unbiased judge
ACtual malice by judge or financial interest in guilty verdict: DP violated
“I better not see you again or I’ll throw the book at you” - NOT AM
Right to jury trial only for serious offenses
No C right to jury trial for petty offenses.
An offense is serious if imprisonment for >6 months is authorized
No right in juvie proceedings
Number and unamity of jurors
AT LEAST 6 jurors. Must be unanimous.
Right to venire selected from representeative cross section of communtiy
Jury trial right violated if D shows significant underepresentation of group IN THE VENIRE.
No right to proportional representation of all groups on thier particular jury.
Preemptory challanges
Prosecutor generally can use preemptory challenge for any reason.
BUT cannot challenges jurors soley on basis of race or gender
Challenges for Cause
Juror should be exlcuded FOR CAUSE if juror’s views would prevent or substantially impair perfromance or duties
Right to impartial jury - Right to questioning on racial bias
D is entitled to questioning on voir dire specifically directed to racial prejudice WHEN:
1) race is bound up in th case or
2) the D is accused of an interracial capital crime
Right to counsel violation
At trial: reversal
Nontrial: harmless error test
Waiver of RTC at trial and RIght to defensd oneself
D may waive RTC if:
1) waiver is knowing and intelligent
2) D is competent to proceed pro se
BUT not right to self rep on appeal
Effective assistant of counsel
6A includes right to effective cousnel. Effective counsel is generally presumed
Ineffective assitance of counsel
1) Deficient performance by counsel
2) but for the deficiency, result of proceeding would have beeen different
Must point to specific deficiencies. Can’t point to inexperience, lack of time to prepare, garavity of charges, complexity of defenses, accessibility of witnesses.
If counsel admits client’s guilt despite client’s wishes, new trial mandated.
Right to confront witnesses
6A grants a D in a crim prosecution the right to confront adverse witnesses.
BUT:
1) face to face not required if preventing confrontion serves a public purpose (child trauma, sex abuse cases)
2) Judge may remove disruptice D
3) D may voluntarily leave the court room during trial
Introdutionn of Co-D’s confession. When it can and can’t be admitted.
If Co-D’s confession implicates the other, the right of confrontation prohibits use of that statement.
BUT can be admitted if:
1) All portions referring to the other D can be eliminated
2) confessing D takes thae stand and subjects himself to cross examination; OR
3) It’s being used to rebut Ds claim that their confession was obtained coercivley
Prior testimonial statement of unavailable witness
Not admitted unless:
1) Declarant unavailable AND
2) D had oppurtunity to cross-examine D at time statement was made
Burden of Proof
1) State must prove guilt beyond a reaosonable doubt; assumed innocent
2) Burcen may be on D to prove affirmative defenses
3) Presumption that shifts burden of proof to D violates 14A
