Trial

Question 1

Right to unbiased Judge

Answer 1

Bias: having financial interest in the outcome of the case or some actual malice against the D

-telling D if hes arrested again you will give him max penalty next time isnt malice

Question 2

Right to Jury Trial

Answer 2

constitutional right to jury trial anytime D is tried for offense which the max sentence exceeds 6 months. If max sentence is up to or including 6 months, no constutional right to jury trial

• Number/unanimity of jurors: minimum number of jurors permissible is 6. if court uses this minimum umber, verdict must be unanimous
• no right to unanimous 12 man jury, SCOTUS has approved non-unanimous verdicts of 10-2 and 9-3 juries
• Cross sectional Requirement: right to jury pool rflect a fair cross section of community, no right to have final jury reflect fair cross section of community

Question 3

Premptory Challenges

Answer 3

challenge to exclude prosepective juror for any reason what so ever

-illegal for prosecutor or defense to exercise challenges to eclude someone based on race or gender

Question 4

Right to Counsel

Answer 4

D right to counsel applies to all CRITICAL STAGES of a prosecutrion, including trial

-ineffective assistance of counsel: must be deficient performance by counse, but for it, theres reaonable probability result of the proceeding would have been different. such a claim can only be made out by specfying PARTICULAR ERRorS of trial counsel, not general statements

Question 5

Right to self-representation

Answer 5

D has right to defend himself as long as his waiver of counsel is knowing and intelligently, and he is competent to proceed

-d can be found mentall compentent to stand trial, but incomepetent to represent himself, judge has this discretion

Question 6

Right to Confront Witnesses

Answer 6

lack accuser and defendant doesnt violate 6a when stopping confrontation serve AN IMPORTANT PUBLIC PURPOSE and reliability of witness testimony is ensured (child away from pedaphile)

Question 7

Guilty pleas/plea bargaining

Answer 7

court wont distrurb guilty pleas after sentencing

-If d pleads guilty, judge must address D to: nature of charge, must tell D the max penaly and any mandatory penalty, and that D has right to plead not guilty and to right to trial, and all info must be on record

Question 8

Withdrawing a guilty plea after sentencing

Answer 8

1. guilty plea was involuntary (mistake in plea bargain)
2. lack of jurisdiction
3. ineffective assistance of counsel
4. failure of prosecutor to keep agreed upon plea bargain

Question 9

Death Penalty

Answer 9

1. all death penalty statutes must allow D to present mitigating facts/circumstances
2. no automatic category for imposition of death: if you do this crime, autoamtic death-illegal
3. statute may not limit mitigating factors, all relefant mitigating evidence must be admissible
4. only a jury, not judge, may determine factors justudying death penalty

Question 10

Double Jeopardy

Answer 10

A. Jeopardy attaches in jury trial when jury is sworn. In bench trial, when first witness is sworn in

B. doesnt attach when its civil. can be sued in civil court and cirminal court for same thing

C. Exceptions permitting retrial: hung jury, mistrials for medical reasons of D, retrial after successful appeal (cant be charged with higher offense in new trial), **breach of plea by D: when d breaches plea bargain, his plea and sentence can be withdrawn and original charges reinstated

• can be tried for seperate crimes originating from same scene: hit and run and manslaughter in two different cases
• Federal govt and state govt can try you if yo uvoilate both laws

Question 11

5a protection against compelled testimony

Answer 11

During Trial:

-must assert 5a first time question is asked or will have waivedit for all subsequent criminal prosecutions

-5a privelege must be claimed in civil proceedings to prevent it from being waived for a later criminal prosecution
if D responds to questions instea of climaing the 5a privelege during civil trial, cant later bar evidence on 5a grounds

Question 12

Scope of 5a protections

Answer 12

protects verbal testimony; not blood samples, handwriting samples, voice samples, hair sample

Question 13

5a and prosecutors

Answer 13

-unlawful for prosecutor to make negative comment on D’s failure to testify or on a D’s decision to remain silent after being given miranda warnings
EXCEPTION: prosecutor can comment on d’s failure to take stand when comment is in response to defense counsel’s assertion that D was not allowed to explain his side of the story

• if suspect chooses to remain silent before police read him miranda rights, silence can be used against him in court
• if prosecutor accidentally comments on d’s silsnce, harmless error applies, conduct may not be fatal to otherwise wound conviction

Question 14

5a privelege Eliminations

Answer 14

3 ways:
1. under grant of immunity

2. no possibility of incrimination: SOL has run on underlying crime, not entitled to 5a privelege
3. WAiver: D who takes witness stand waives 5a privelege as to all legit subject of cross examination