Trial Flashcards
Pro duty to disclose
Pro must disclose exculpatory infomration. Violates DP if willful or inadvertant and can be grounds to overturn the conviction if
- evidence is favorable to D
- prejudice has resulted, meaning there is a reasonable probability that hte reuslt would have been different had the information been disclosed.
right to trial by jury
serious offenses
trial by jury required if max sentence could exceed 6 months
min # of jurors - 6. If only using 6 must have unamious verdict
no federally protected const. righ to unanimous 12 person verdict have had 10-2 and 9-3
right to impartial jury
jury pool must be fair cross ection of community
no righ tot empaneled jury fair cross ection
standard to exclude for cause - whether juror’s views would prevent or substnatially impair the performance of duties
right to counsel
applies at all critical stages
to waive counsle must do so KNOWINGLY and INTELLIGENTLY and COMPETENT
ineffective assistance of counsel
Rule: 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.
Typically, such a claim can only be made out by
specifying particular errors of trial counsel. (must be more than mere inexperiecne or trial tactics)
right to confront witness
The absence of face-to-face confrontation between
the defendant and accuser does not violate
the Sixth Amendment when preventing such
confrontation serves an important public purpose,
and the reliability of the witness testimony is otherwise
assured.
A defendant who is disruptive may be removed
from the courtroom, thereby relinquishing his right
of confrontation.
Co-D confession
General Rule: A confession implicating a co-defendant
is prohibited and inadmissible at their
trial
Confrontation clause -
prior testimonial evidence may not be admitted unlesss
1. decarant is UNAVAIALBLE
2. D had an opportunity to cross-exmine the declarant at the time the statement was made
BOP
Gov must prove every element of the crim beyond a reasonable doubt
defenses - BOP w/ D
prior act evidecne
prior act evidence is generally admissible if it is probative and relative (e.g. prior injuries in kid to show suffered previous serious injuries)
death penalty and felony murder -
The death penalty may not be imposed for felony
murder where the defendant, as an accomplice,
did not take or attempt or intend to take life.
However, the death penalty may be imposed on a
felony murderer where he participated in a major
way in a felony that resulted in a murder and he
acted with reckless indifference to the value of
human life.
