Trial

Question 1

Under which Amendments is the right to a jury trial granted?

Answer 1

Federal
-> 6th Amendment

State
-> 14th Amendment grants D right to a jury trial in criminal cases for non-petty offenses

Question 2

How does D’s right to be present at trial proceedings work?

Answer 2

D has a right (with some exceptions) to be present at initial arraignments, every trial stage, and sentencing.

Question 3

When does the right to a jury trial attach?

Answer 3

Right attaches for non-petty offenses (authorized sentence of more than 6 months of imprisonment) regardless of actual penalty imposed.

Question 4

Can D waive a right to a jury trial?

Answer 4

D can waive a right to a jury trial and opt for trial by judge by obtaining court’s approval, and freely/intelligently entering a voluntary waiver.

Question 5

How many jurors must be on a criminal trial’s jury?

Answer 5

Fed. R. Crim. Pro. requires 12 members unless waived in writing and approved by court, but a verdict by 11 is permitted if the 12th juror is excused for good cause after deliberations begin.

Question 6

What does a jury of less than 6 jurors equate to?

Answer 6

A denial of due process.

Question 7

Is a unanimous verdict required?

Answer 7

A unanimous verdict is constitutionally required of both federal and state juries, regardless of the number of jurors.

Question 8

What is the cross section rule?

Answer 8

Jury pool must be a representative cross section of the community, but actual jury selected need not be.

Question 9

Can D challenge selection process without showing of actual bias?

Answer 9

Yes.

Question 10

What is the prima facie case regarding the absence of representative cross section in the jury?

Answer 10

Requires
-> distinctive group excluded
-> group not fairly represented in jury pool
AND
-> underrepresentation resulted from systematic exclusion of group

Question 11

How can the government defend itself against claim of intentional racial discrimination in jury selection?

Answer 11

State can use neutral/nonracial principles and must prove absence of discriminatory intent in the jury selection.

Question 12

What does the 14th Amendment prohibit in peremptory challenges in a jury selection?

What does a moving party need to prove with regards to the peremptory challenge violating the 14th Amendment?

What does the party who exercised the peremptory challenge need to provide when challenged on discrimination grounds?

Answer 12

Discriminatory use
-> 14th Amendment prohibits challenges solely based on race/ethnicity/gender

Moving party must establish prima facie case of discrimination
-> nonmoving party needs to give a race-neutral explanation
-> but then the moving party carries burden of proving other party’s reason (the race-neutral explanation) was pre textual

Party who exercised the peremptory challenge must provide race-neutral explanation.

Question 13

Does the loss of a peremptory challenge based on discrimination destroy a party’s right to an impartial jury?

Answer 13

No.

Question 14

What can the state do when the judge in good faith erroneously denies D’s peremptory challenge?

Answer 14

The state can choose between harmless-error review or automatic reversal.

Question 15

What kind of jury is the accused entitled to?

Answer 15

Trial by impartial jury

Question 16

What rule are claims of juror bias/misconduct subject to?

Answer 16

subject to harmless-error rule.

Question 17

When must court allow D to question potential jury mebers’ views on race?

Answer 17

When
-> racial prejudice involved in case
OR
-> when race is inextricably bound up in the case

Question 18

Can jurors who oppose the death penalty be removed fro cause?

Answer 18

Yes if opposition substantially impairs duties during sentencing.

Question 19

When is a sentencing enhancement a violation of D’s right to a jury trial?

Answer 19

Enhancement of sentence by judge for reasons other than D’s prior conviction absent jury determination of existence of additional facts (e.g. aggravating circumstances) violates D’s right to a jury trial.

Question 20

When does a capital-sentencing scheme violate D’s right to a jury trial?

Answer 20

Accordingly, the U.S. Supreme Court held in Apprendi v. New Jersey that any fact that exposes a criminal defendant to a greater punishment than authorized by the jury’s guilty verdict is an element that must be submitted to and found by the jury.

This holding has been applied to state capital-murder sentencing schemes that require a finding of at least one aggravating circumstance at either the guilt or penalty phase before the death penalty can be imposed. Therefore, a capital-sentencing scheme (as seen here) violates Apprendi if it:
-> allows a jury to render an advisory sentence recommending the death penalty without specifically finding an aggravating circumstance
AND
-> permits the judge to then make that finding independently.

That is because such a scheme strips the defendant of the right to have the jury make the critical findings necessary to impose the death penalty. For this reason, imposing the death sentence here was unconstitutional and the court of appeals should rule for the defendant.

Question 21

What are the requirements of a guilty plea?

Answer 21

Knowing and voluntarily entered
-> must be intelligent and voluntary, and made in presence of judge
-> judge must advise D and determine that plea not due to force or promises other than in plea agreement
-> Under federal rules, judge must determine there is some factual basis for the plea

Question 22

Does D have a right to counsel with regards to guilty pleas?

Answer 22

Yes D has the right when entering a plea

Question 23

Does D have a right to counsel with regards to guilty pleas?

Answer 23

Yes D has the right when entering a plea

Question 24

Does D have a constitutional right to a plea bargain?

Answer 24

No.

Question 25

Does a plea made in response to the prosecutor’s threat to bring more serious charged violate the Due Process Clause?

Answer 25

No.

Question 26

Is the prosecutor required to disclose impeachment information or information related to the affirmative defense under a plea bargain?

Answer 26

No.

Question 27

Is a plea bargain enforceable?

What happens if prosecutor violates bargain?

What happens if D violates bargain?

Answer 27

Plea bargain is enforceable against prosecutor and D, but not the judge (judge can reject the plea).

If prosecutor violates bargain, judge can decide whether to order specific performance of bargain or whether D can withdraw plea.

If D violates bargain, prosecutor can have sentence vacated and reinstate original charges.

Question 28

How can D attack a plea bargain?

Answer 28

D can attack plea for ineffective assistance of counsel, lack of jurisdiction, or violation of due process.

Question 29

How does the due process clause give the D protections under a speedy trial requirement?

Answer 29

Protects pre-accusation delays and the SoL is the primary safeguard for this.

Question 30

How does the 6th Amendment give the D protections under a speedy trial requirement?

Answer 30

Protects against post-accusation delay and time period starts at time of arrest/formal charge.

Question 31

What are the factors to be considered in determining whether the D has been deprived of a speedy trial post-accusation?

Answer 31

The balancing test looks at:
-> length of the delay
-> reason for the delay
-> D’s assertion of a right to a. speedy trial
AND
-> prejudice to the D

Question 32

What happens if D’s right to a speedy trial has been violated?

Answer 32

Dismissal of charges with prejudice.

Question 33

What are the two requirements for a fair trial?

Answer 33

Impartial judge
-> no actual or apparent bias permitted

Prosecutor cannot
-> mistake law/fact
-> talk to D without counsel present
-> express opinions about D’s guilt/innocence
-> make improper remarks about D
OR
-> comment on D’s failure to testify

Question 34

How does the right to confrontation work?

Answer 34

At trial, accused has right to encounter and cross-examine adverse witnesses and be present at any stage of trial.

Question 35

Is the face-to-face aspect a right within the right to confrontation?

Answer 35

Not absolute right and may be prevented for public policy reasons.

Question 36

How does the confrontation clause and the hearsay rule work with regard to testimonial out-of-court statements?

Answer 36

“testimonial” out-of-court statements by witnesses generally are barred under the Confrontation Clause UNLESS
-> the witnesses are unavailable and the defendant had a prior opportunity to cross-examine those witnesses
OR
-> if the witness is unviable because the defendant acted with a purpose to prevent the witness from testifying

Question 37

When are out-of-court testimonial statements not barred by the Confrontation Clause?

Answer 37

when they are used for a purpose other than establishing the true of the matter asserted.

Question 38

What are testimonial statements?

Answer 38

The declarant would reasonably expect it to be used in a prosecution.

Question 39

What is a non testimonial statements?

Answer 39

Statements made for the primary purpose of assisting the police in the investigation of an ongoing emergency are not testimonial.

Question 40

Does the admission of a confession from a non-testifying co-D at a joint trial against D violate D’s rights?

Answer 40

Yes it violates D’s 6th Amendment rights unless neutral references are used along with a limiting instruction.

Question 41

What is a permissive presumption?

Answer 41

A presumption that the trier of fact is not compelled to accept and that does not shift the burden of proof.

Question 42

What is a mandatory presumption?

Answer 42

A presumptions that compels the fact finder to reach a conclusion from basic facts unless and until it is rebutted.

Question 43

Does a permissive presumption regarding an element of an offense violate the due-process requirement that the prosecution must prove each element of an offense?

Answer 43

No unless the presumption is irrational.

Question 44

Does a mandatory presumption regarding an element of an offense violate the due-process requirement?

Answer 44

Yes they are per se violations.

Question 45

What is the reasonable doubt standard?
-> when does it apply to prosecution
-> when does it apply to a D

When can a judge acquit D?

Answer 45

Prosecution must prove all elements beyond a reasonable doubt.

State may place burden of proving an affirmative defense (e.g. insanity, self-defense, entrapment, or duress) on D.

Court may grant judgment of acquittal if there is insufficient evidence for a jury to reasonably find D guilty.

Question 46

What rights does D have during sentencing?

Answer 46

Applicable rights include
-> right to counsel
-> right to confrontation
-> right to cross-examine

Question 47

Can any other fact come in at sentencing?

Answer 47

Any fact that can be used to increase statutorily prescribed maximum must be charged in indictment, submitted to jury, AND established beyond a reasonable doubt.

Only facts about other prior convictions can come straight into sentencing.

Question 48

What must a prisoner prove to show there has been a violation of his rights against cruel and unusual punishment (8th amendment) with regard to non-death penalty?

Answer 48

Prisoner must show prison officials had actual knowledge of substantial risk to prisoners or serious injury
OR
Sentence grossly disportioncate to crime (but a “three strike” law is sufficient to show that the sentence is grossly disproportionate to the crime).

Question 49

When is the only time capital punishment can be imposed as a form of punishment against cruel and unusual punishment?

Answer 49

Can only be imposed under statute that provides
-> clear/objective standards,
-> specific/detailed guidance,
AND
-> opportunity for rational review process.