Trial

Question 1

Right to an unbiased judge

Answer 1

Bias =
1) financial interest in the outcome of the case
OR
2) actual malice against D

Question 2

Right to jury trial

Answer 2

maximum authorized sentence exceeds 6 months

Question 3

of Jurors

Answer 3

6 min. but must be unanimous

Question 4

Unanimous Jury

Answer 4

No constitutional right for unanimous 12, but if 6 must be.

Upheld: 10-2, 9-3

Question 5

Cross sectional Jury

Answer 5

1) jury pool must reflect a fair cross-section of community

2) no right to have the empaneled jury reflect a fair cross-section of the community

Question 6

Peremptory Challenges

Answer 6

1) can be for any reason

2) EXCEPT race or gender

Question 7

Right to counsel: trial

Answer 7

6th amend. applies to all critical stages of a prosecution after charging

Question 8

Ineffective assistance of counsel

Answer 8

1) deficient performance
2) but for that deficiency there is a reasonable probability result of the proceeding would have been different
3) need to specify particular errors of trial counsel

Question 9

Right to Self-Representation

Answer 9

1) waiver must be
2) knowing
3) intelligent
4) D is competent to proceed pro se: may be found competent to stand trial yet incompetent to represent himself, up to the trial judge’s discretion

Question 10

Right to confront witnesses

Answer 10

1) absence of face-to-face confrontation does not violate 6th amendment when preventing confrontation serves an important public purpose and reliability of the witness testimony is otherwise assured (think children in sexual assault cases)
2) D who is disruptive, may be removed from the courtroom relinquishing his right of confrontation