Trial: Basic Right to Fair Trial (Due Process)

Question 1

What is the rule w regards to order of closing arguments?

Answer 1

Must be:

1. prosecution
2. defense
3. prosecution’s rebuttal

Question 2

What is the rule w regards to an unbiased judge?

Answer 2

DP is violated IF:

1. judge has ACTUAL MALICE against D; or
2. FINANCIAL INTEREST in guilty verdict

Impermissible bias –> judge had earlier significant personal involvement as a prosecutor in CRITICAL DECISION affecting case

Question 3

Does DP require police to preserve all items that might be used as exculpatory evidence at trial?

Answer 3

No.

But DP DOES prohibit bad faith destruction

Question 4

What are the other DP rights that may be violated at trial (4)?

Answer 4

DP is violated if:

1. trial is conducted in manner making it UNLIKELY that jury gave evidence REASONABLE CONSIDERATION;
2. state compels D to stand trial in PRISON CLOTHING;
3. D is VISIBLY SHACKLED (unless justified by security needs)
4. jury is exposed to INFLUENCE FAVORABLE TO prosecution

Question 5

What is the rule w regards to burden of proof in a criminal trial?

Answer 5

• DP requires state prove guilt BEYOND REASONABLE DOUBT in all criminal cases.
• presumption of innocence is basic component of a fair trial

HOWEVER –> state MAY impose burden on D w regards to an affirmative defense (insanity, self defense)

Question 6

What is the rule re: mandatory presumptions and DP?

Answer 6

A mandatory presumption or presumption that shifts burden of proof to D violates 14th amend DP’s requirement that state prove EVERY element of crime beyond a reasonable doubt

Question 7

What is the rule re: jury instructions?

Answer 7

Judge must give any instruction requested by D or P IF:

1. instruction is CORRECT;
2. had NOT ALREADY BEEN GIVEN; and
3. is supported by SOME EVIDENCE