Trial Flashcards
Right to Unbiased Judge
Biased means, judge has financial interest or actual malice
Right to Jury Trial
When maximum sentence exceeds 6 months.
Number of Jurors and Unanimity
Mimimum permissible: 6 if courts use 6 must be unanimous decision.
No federally protected constitutional right to a unanimous twelve juror verdict
Cross Sectional Requirement (Jury Pool)
Right to reflect Fair cross section of community
Cross Sectional Requirement (Empaneled Jury)
No right to present a cross section of the community.
Preemptory Challenges
Exclude a juror for any reason EXCEPT RACE OR GENDER
Right to Counsel at Trial
Criminal defendant has a right to counsel at all critical stages of prosecution
Ineffective Assistance of Counsel
But for such deficiency, the result would have been different
Must specify particular errors
Right to Pro-Se
As long as waiver to counsel was knowing, intelligent and defendant is competent
Defendant can be found competent to testify and not competent to act pro se
Right to Confront Witnesses
Absence of face-to-face confrontation is ok when: serves an imporant public purpose AND reliability of witness testimony is otherwise assured.
Defendant who is disruptive can lose this privilege if removed from court.
