Trial

Question 1

When can federal courts permit fewer than 12 jurors?

Answer 1

1. Waived in writing + approved by court

2. 11 allowed if 1 juror is excused for good cause after deliberations begun

Question 2

What level of unanimity must juries return in state courts?

Answer 2

1. Juries w/ 6 must return unanimous verdicts

2. Juries >=7 no unanimity requirement

Question 3

What are the factors to determine whether there has been a speedy trial violation?

Answer 3

1. Length for delay
2. Reason for delay
3. D’s assertion of right
4. Prejudice to D

Question 4

What is a prosecutor prohibited from doing during the trial with regards to statements or implications directed towards the defendant?

Answer 4

1. Misstate fact / law
2. Talk to D without counsel
3. Express opinions on D’s guilt / innocence
4. Make improper remarks about D
5. Comment on D’s failure to testify

Question 5

What is required for a fact to be used to increase statutorily prescribed maximum?

Answer 5

1. Charged in the indictment
2. Submitted to the jury
3. Establish beyond reasonable doubt

Question 6

How does a prison show a violation of the 8A cruel + unusual punishment?

Answer 6

1. Actual knowledge of substantial risk to prisoners / serious injury
2. Sentence grossly disproportionate to crime

Question 7

What constitutes and what are consequences of prosecutorial misconduct?

Answer 7

1. Misconduct that has reasonable possibility of affecting the verdict
2. Requires mistrial OR reversal of conviction