Trial Flashcards
Right to Jury Trial
6th Amend. provides the right to jury trials
- States obligated under the 14th amend. to provide jury trial for serious offenses
The right to jury trial attaches in any criminal proceeding where the defendant faces a potential sentence of what length?
Right attaches for serious offenses where D faces potential sentence Greater than 6 months
- The actual penalty imposed is irrelevant
Waiver of right to Jury Trial
D can waive the right & opt for trial by judge (bench trial)
- If the waiver is freely and intelligently made
- Not an absolute right to bench trial
Jury Size - Federal Court
- FRCP requires 12 members unless waived inwriting & approved by the court
- Verdict by 11 is OK if the 12th juror excused for good cause after deliberations begin
Jury Size - State Court
- Juries of less then 6 are unconst.
- Juries of 6 must return unanimous verdicts
- Juries of more than 7 - unanimity is not required
Jury Selection
The Equal protection clause bars racial discrim. in the selection of juries
- Jury must be selected from a representative cross-section of the community (ethnic and gender demographics)
- Actual jury selection does NOT need to represent a fair cross-section of the community
D has standing to challenge jury-selection process (doesn’t need to show actual bias)
How can a prima facie case for the absence of a representative cross-section be established ?
Can be est. by showing that:
- The group allegedly excluded is a distinctive group in the community
- The group was not fairly represented in the venire from which the jury was chosen, AND
- The underrepresentation resulted from a systematic exclusion of the group in the jury-selection process
State’s right to use neutral principles
In response to a claim of intentional racial discriminationin jury selection the state has the right to apply neutral, nonracial principles and must prove absence of discriminatory intent
What are Preemptory Challenges ?
Requests by both parties during voir dire jury selection process to disqualify jurors w/out the need to show cause
Discriminatory Use of Peremptory Challenges
14th amend. EP clause prohibits the D & prosecutor from exercising challenges soley based on race or gender
What test is used to determine if a peremptoriy challenge has been exercised on the basis of race?
3 Prong “Batson” Test - the test requires that:
- The moving party establishes a prima facie case of discrimination
- The party who exercised the challenge provides a race-neutral explanation for the strike
- The moving party carries the burden of proving that the other party’s reason was pretextual & that the strike was motivated by purposful discrimination
Right to an Impartial Jury
6th Amend. provides that an accused pers. is entitled to a trial by an impartial jury
- Claims of juror bias and misconduct are subject to the harmless error rile
Jury members views on race
D can question a potential juror member’s view on race only when racial prejudice is invoved in the case or when race is inextricably bound in the case
Jury Members Views on Capital Punishment
No auto. exclusion of a juror just b/c they oppose the Death penalty
- Improper exclusion of juror from jury that imposed death sentance is subj. to auto. reversal
BUT jurors opposed to the death penalty may be removed for cause if:
- their opposition is so strong it prevents or subst. impairs the perf. of their duties at the sentencing phase of trial
- e.g. pers. opposed &unsure if she could ever vote to impose it
What is a Guilty Plea?
An admission of facts contained the charging document (indictment information)
What are the requirements for a valid guilty plea?
The plea must be:
- Intelligent AND
- Voluntary
Record must reflect that the judge has determined that the D knows & understands the following:
- The nature of the charges & their essential elements
- The consequences of the plea
- Max & min possible sentences
- poss. immigration consequences
- The rights that the D is waiving
- Right to trial
Remedy for Invalid Plea
If plea fails to meet the standards, the plea will be withdrawn & the D may plead anew
Plea Bargain
- Treated as a contract b/w prosecutor & D
- If made in response to prosecutor’s threat to bring more serious charges, it is not a violatio of DP
- Prosecutor doesn’t have to disclose impeachment information related to affirmative defenses to D
Enforcement of Plea Bargains
Enforceable against the Prosecution but not the Judge (judge can reject the plea if not satisfied)
Plea Bargains Broken by Prosecution
The judge decides whether specific performance of the plea is required or if the D can withdraw his plea
What is the effect if the Defendant fails to abide by the plea agreement?
Prosecution can have the sentence vacated and reinstate the orig. charge
Effect of the Plea on the Defendant’s Rights ?
D waives his const. rights by entering a guilty plea
- Right to trial, Priv. against self-incrim., right to confront accusers
BUT D can challenge a guilty plea When:
- On the DP grounds that it was a knowing & vol. waiver
- Guilty plea doesn’t constitute waiver of double jeopardy
- May attack guilty plea that is due to ineffective assistance of counsel
- Lack of jurisdiction
