Trial Flashcards
With respect to the judge, bias means one of two things. . .
A financial interest in the outcome; OR
Some actual malice against the D
A right to jury will attach anytime D is tried for an offense for which the maximum sentence exceeds how long?
6 months
Minimum number of jurors?
6
If a court uses only 6 jurors, what must be true of the verdict?
Must be unanimous.
T or F? There is no federally protected constitutional right to a unanimous 12 juror verdict.
True
The jury pool must reflect what?
A fair cross-section of the community.
Does the impaneled jury need to reflect a fair cross-section of the community?
No
A peremptory challenge is a challenge to a exclude a prospective juror for which reason?
Any
What two features cannot be relied upon for a peremptory challenge?
Race
Gender
A criminal D’s right to counsel applies to all . . .
Critical stages of prosecution.
For there to be a claim for ineffective assistance of counsel, there must be deficient performance AND . . .
But for that deficiency, there is a reasonable probability that the result would have been different.
Can a claim for ineffective assistance be generalized?
Generally no. Need specific errors.
Are general claims of inexperience and/or ineffective trial tactics enough to sustain a claim for ineffective assistance?
no
A D has the right to represent himself so long as his waiver of trial counsel is ____ and ____ AND he is . . .
Knowing and intelligent
He is competent to proceed pro se
T or F? If a D is found mentally competent to stand trial, he will be deemed competent to represent himself.
False. That is left up to the judge’s discretion.
