Trial and Post-Trial Rights Flashcards
Where two persons are tried together and one has given a confession implicating the other, the general rule is that…
The Sixth Amendment right to confront adverse witnesses prohibits the use of such a statement.
Where two co-defendants are tried together, a statement by one may be admitted if…
(three things)
(i) all portions of the statement referring to the other defendant can be eliminated (so there is no indication of the defendant’s involvement); (ii) the confessing defendant takes the stand and subjects himself to cross-examination with respect to the truth or falsity of what the statement asserts; or (iii) the confession of the non-testifying co-defendant is being used to rebut the defendant’s claim that his confession was obtained coercively, in which case the jury must be instructed as to the purpose of the admission.
The Due Process Clause requires in all criminal cases that the state prove guilt _____ a _______ ______.
(burden of proof)
beyond a reasonable doubt.
If “malice aforethought” is an element of murder, the state may not require to defendant to prove…
that he committed the homicide in the heat of passion, because heat of passion negates malice and in effect requires the defendant to disprove the element of malice aforethought. (In other words, this would place the burden of proof on the defendant when it’s rightfully on the state)
