Trial

Question 1

Right to an Unbiased Judge

Answer 1

-bias means having a financial interest in the outcome of the case or some actual malice against D

Question 2

Right to Jury Trial

Answer 2

1-the constitutional right to jury trial attaches anytime the D is tried for an offense for which the maximum authorized sentence exceeds 6 months–if the maximum authorized sentence us up to or including 6 months, there is no constitutional right to jury trial
2-number and unanimity of jurors
a.the minimum number of jurors permissible is 6–verdict must be unanimous if the number is 6
b.Note-there is no federally protected constitutional right to a unanimous 12 juror verdict
3-cross sectional requirement
a-you 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
4-the use of preemptory challenges
a-a preemptory challenge is a challenge to exclude a prospective juror for any reason

Question 3

Right to Counsel

Answer 3

1-a criminal defendant’s right to counsel applies to all critical stages of a prosecution, including trial
2-ineffective assistance of counsel
a-rule-there must be deficient performance by counsel and, but for deficiency, there is a reasonable probability that the result of the proceeding would’ve been different
b-typically, such a claim can only be made out by specifying a particular errors of trial counsel
3-right to self-representation
a-a defendant has the right to defend himself so long as his waiver of trial counsel is knowing and intelligent, and he is competent to proceed pro se
b-NOTE–a defendant can be found mentally competent to stand trial, yet incompetent to represent himself, as determined by the trial judge’s discretion

Question 4

Right to Confront Witness

Answer 4

1-the absence of face-to-face confrontation between the D and accuse does NOT violate the 6th amendment when preventing such confrontation series an important public purpose and the reliability of the witness testimony is otherwise assured
2-a D who is disruptive may be removed form the courtroom, thereby relinquishing his right of confrontation