Trial Flashcards
Right to an unbiased judge: what does bias mean?
having financial interest in the outcome of the case
OR
some actual malice against D
(NOT actual malice: Judge told D when sentenced last time: if you come back I’m going to give you the max; sent back before judge)
What kind of offenses require a right to jury trial?
only serious offenses
When is an offense serious enough to give rise to jury trial?
D tried for offense for which the maximum authorized sentence EXCEEDS 6 MO
if max authorized sentence is UP TO or INCLUDING 6 mo, no constitutional right to jury trial
Right to jury trial: What’s the minimum number of jurors permissible?
6- if court uses this minimum number, verdict must be UNANIMOUS
Right to jury trial: is there a federally protected constitutional right to a unanimous 12 juror verdict?
No
Supreme Court has approved the non-unanimous verdicts of
10-2
9-3
Court would NOT approve of 8-4
Right to jury trial: What’s the cross sectional requirement?
have the right to have the JURY POOL reflect a fair cross section of the community
BUT you have no right to have the IMPANELED JURY reflect a fair cross section of the community
Right to jury trial: What is a peremptory challenge?
A challenge to exclude a prospective juror for ANY reason whatsoever
Right to jury trial: unconstitutional for prosecutor or defense to exercise peremptory challenge to exclude from jury prospective jurors on account of…
race or gender
When does criminal D’s (6th A) right to counsel apply?
All critical stages of prosecution once charges filed, including trial
Right to counsel: to establish ineffective assistance of counsel, there must be…
deficient performance by counsel AND
BUT FOR such deficiency, there is a reasonably probability that the result of the proceeding would have been different
Right to counsel: typically, how can a claim of ineffective assistance of counsel be made out?
specifying particular errors of trial counsel
not sufficient: vague allegations of inexperience or ineffective trial strategies
Right to counsel: right to self-representation: D has the right to defend himself so long as waiver of trial counsel is…
knowing and intelligent
AND
he is competent to proceed pro se (D can be found mentally competent to stand trial, yet incompetent to represent himself, as determined by the trial judge’s discretion)
BUT no right to self-representation on appeal
Right to confront witnesses: absence of face-to-face confrontation b/w D and accuser does NOT violate 6A when…
preventing such confrontation serves an important public purpose (like insulating child from trauma of testifying in sex abuse case)
AND
reliability of witness testimony is otherwise assured
Right to confront witnesses: When can D be removed from courtroom, relinquishing his right of confrontation?
When he’s disruptive
