Trial Flashcards
Before trial, a prosecutor has a duty to disclose what kind of information?
exculpatory information
When is the willful or inadvertent failure to disclose exculpatory information grounds for a reversal of a conviction?
when 1) the evidence is favorable to the defendant; and 2) prejudice has resulted, meaning that there is a reasonable probability that the result would have been different had the information been disclosed.
When does the defendant have a constitutional right to trial by jury?
when the defendant is tried for an offense for which the maximum* authorized sentence exceeds* six months.
The minimum number of jurors in a jury is _____.
6
If the court uses a six-person jury, the verdict must be _____________.
unanimous
The maximum number of jurors is ____.
12
Does the defendant have a constitutional right to a 12-person unanimous verdict?
no, 10-2 and 9-3 have been upheld.
Must an empaneled jury reflect a fair cross-section of the community?
no, only the jury pool.
A juror will be excused when . . .
their views would prevent or substantially impair the performance of her duties.
A defendant has the right to represent himself so long as his waiver of counsel is made . . .
knowingly and intelligently.
What must be present for a finding of ineffective assistance of counsel?
there must be deficient performance by counsel and, but for such deficiency, there is a reasonable probability that the result of the proceeding would have been different.
In order to make an adequate charge of ineffective assistance of counsel, the defendant must do what?
the defendant must state particular errors of trial counsel.
When is the absence of a face-to-face confrontation between the defendant and the accuser not a violation of the Sixth Amendment?
when preventing such confrontation serves an important public purpose and the reliability of the witness testimony is otherwise assured.
Can a defendant waive his right to confrontation?
yes. If he is disruptive in the courtroom, he will be removed and thereby relinquishes his right to confrontation.
What is the result of a co-defendant’s confessing to a crime?
the confession is inadmissible at the trial of the other defendant.
Under the confrontation clause, prior testimonial evidence may not be admitted unless . . .
1) the declarant is unavailable; and 2) the defendant had an opportunity to cross-examine the declarant at the time the statement was made.
In a criminal prosecution, the state must prove every element of a crime under what standard?
beyond a reasonable doubt
When can the death penalty not be imposed on a defendant for felony murder?
where the defendant was acting as an accomplice and did not attempt or intend to take life.
When can the death penalty be imposed on a defendant on a charge of felony murder?
where the defendant participated in a major way to a felony that resulted in death and he acted with reckless disregard for human life.
When does jeopardy attach in a jury trial?
when the jury is sworn.
When does jeopardy attach in a bench trial?
when the first witness is sworn.
Does jeopardy attach in civil cases?
no
When will a retrial be permitted without violating jeopardy?
1) when the jury is unable to come to a verdict; 2) mistrials for manifest necessity; or 3) a successful appeal results in a retrial.
Can a defendant be retried for a more serious crime after he has had a successful appeal of a conviction of another crime?
no
