Trial Flashcards
6A Right to Fair Trial
Right too public trail, right to unbiased judge, right to be free of trial disruption, right to be tried not wearing prison clothing, right to impartial jury
*No right to preservation of exculpatory evidence
6A/14A Right to Public Trial: Stages of Trial
Prelim PC hearings are presumptively open to the public; suppression hearings cannot be closed to public unles (i) party shows overriding interest likely to be prejudiced (ii) closure is no broader than necessary to protect interest (iii) no reasonable alts and (iv) adequate filings to support closure are entered by the court; voir dire should be public; trial itself should be public
6A Right to Trial by Jury
Just for srs offenses (if imprisonment of more than 6 mo. is authorized); right to at least 6 jurors who convict; right to venire selected from representative cross-section of cmty; cant use peremptory challenges based SOLELY on race
6A Right to Impartial Jury
D is entitled to questioning on vior dire specifically directed to racial prejudice whenever race is inextricably bound up on the case (esp for capital, interracial crimes)
Sentencing Enhancement
Judge cannot enhance sentence beyond statutory max alone (Apprendi); facts must be submitted to jury and proved BARD for sentence to be increased beyond statutory max
6A Right to Counsel
Applies at all critical stages of a prosecution after formal proceedings have begun (dist. 5A right to counsel at custodial interrogations)
6A right to counsel violation - remedy
AUTOMATIC REVERSAL OF THE CONVICTION if D was entitled to lawyer and it wasn’t provided for her AT TRIAL, even without any showing of unfairness (dist. right at post indictment lineups and nontrial proceedings)
6A right to counsel - waiver
D has right to represent HIMSELF AT TRIAL as long as his waiver was KNOWING AND INTELLIGENT and he is COMPETENT to proceed pro se
6A right to counsel - effective assistance
Presumed that lawyer was effective; only ineffectie if D can show (i) deficicient performance and that (ii) but for the deficiency the result of the proceeding wouldve been different
*Applies at all critical stages of prosecution, incl plea bargaining stage
6A right to counsel - conflicts of interest
Joint representation isnt per se invalid, but if atty advises trial court of a resulting conflict of interest at or before trial, and the court refuses to appoint separate counsel, D is entitled to automcatic reversal; no right to join represenation for D
6A Right to Confront Ws
Right ensures that (i) factfinder and D observe the demeanor of the testifying W and (ii) D has the oporuntity to cross any W testifying against him
6A Right to Confront Ws - Limitations
If D is disruptive, if D voluntarily leaves courtroom and trial continues, if gov discourages D’s attendance at trial
6A Right to Confront Ws - Co-D’s Confession
Introducing co-D’s confession is problematic because non-confessing D can’t compel co-D to take the stand, so it is generally prohibited if it implicates the nonconfessing D
6A Right to Confront Ws - Co-D’s Confession - Exception
Confession implicating nonconfessing D can be admitted if (a) all portions referring to other D can be eliminated, (b) confessing D takes stand and subjects himself to cross; (c) confession of nontestifying co-D is being used to rebut D’s claim that his confession was obtained coercively (must instruct jury)
6A Right to Confront Ws - Prior Testimonial Stmt of Unavailable W
Prior testimonial (eg made at judicial proceedings) evidence may not be admitted unless (i) declarant is unavail and (ii) D had opportunity to cross her at time statement was made *Testimonial includes testimony from prelim hearing, grand jury hearing, former trial, police interrogations (nonemergency), results of forensic lab testing if offered for TOMA
