Trial Flashcards
What rights does a defendant have during trial?
The right to an unbiased judge
The right to a jury trial if the maximum sentence exceeds 6 months
Right to counsel
Right to confront witnesses
When could a judge be biased?
If he has a financial interest in the outcome of the case or some actual malice against the Defendant
When does the right to a jury trial attach?
If the maximum sentence EXCEEDS 6 months
What is the minimum number of jurors permissible?
Six.
If a court uses the minimum number of jurors permissible, six, what must be verdict be to find guilty?
Unanimous
Must a federal jury, in order to convict, reach a unanimous decision?
No, 10-2 is okay and so is 9-3
Are there any rights regarding the impaneled jury and its composition?
No.
Are there any rights regarding the jury pool and its composition?
Yes, it must be a fair cross section of the community.
What is a peremptory challenge?
A challenge to exclude a prospective juror for any reason whatsoever
When are peremptory challenges unconstitutional?
If they are based on race or gender
When does a criminal defendant have a right to counsel?
At all critical stages of the prosecution, including trial
What is the rule regarding ineffective assistance of counsel?
There must be a deficient performance by counsel and but for such deficiency 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.
What is pro se representation?
Representing oneself.
How can one proceed pro se?
If their waiver of the right to counsel is knowing and intelligent, and he is competent to proceed pro se.
Will the absence of a face to face confrontation betewen the defendant and the accuser violate the Sixth Amendment?
No, when preserving such confrontation serves an important public purpose and the reliability of the witness testimony is otherwise assured.
Think protecting child from cho-mo (e.g. child molester)
