Trial Issues Flashcards
What is the two prong test for an ineffective assistance of counsel claim?
1) Deficiency req: Counsel’s performance fell below an OBJECTIVE std of reasonableness, meaning he made errors SO serious that he was not functioning as counsel
2) Prejudice req: “But for” the deficiency, the outcome of the trial WOULD HAVE BEEN DIFFERENT.
** Due to the strictness of the two prong test, ineffective assistance of counsel is a hard claim to make UNLESS there is some colorable arg that ∆ is NOT GUILTY**
What is the FEWEST number of jurors allowed in a criminal trial? NOTE: NY Distinction
- NY DISTINCTION: requires 12 person juries; HOWEVER, a ∆ can waive this req and proceed to verdict w/ only 11 jurors participating in the deliberation
When is the Confrontation Cl of the 6th Am relaxed?
The ∆’s right to confront an adverse witness does NOT apply where face-to-face confrontation would contravene imp public policy concerns e.g. traumatizing a child witness
What is the “cross-sectional” requirement for jury selection?
Requires that the pool from which the jury is drawn reps a cross-section of the community NOTE: A jury that has all white women over the age of 60 does NOT violate the req, PROVIDED the POOL was appropriately diverse.
What are the fundamental protections wrt jury trials and when does a criminal ∆ have this right?
All criminal ∆s have the right to a FAIR and IMPARTIAL jury. A criminal ∆ has a right to a jury trial when the maximum authorized sentence is > 6 MONTHS
When must jury verdicts in criminal trials be unianimous? NOTE: NY Distinction
Jury trials MUST be UNANIMOUSONLY IF 6 jurors are used. Verdicts in 12-person juries need NOT be unanimous.
NY DISTINCTION: jury verdicts MUST be unianimous
What is a preemptory challenge?
Permits BOTH sides to exclude jurors w/o stating their reasons for doing so, BUT they cannot be used by either side to exclude prospective jurors on account of RACE or GENDER
What does the right to an unbiased judge mean?
The judge 1) has no FINANCIAL STAKE in the outcome of the case; AND 2) has no ACTUAL MALICE twds the ∆
What constitutes a valid guilty plea? Note NY Distinction
1) the judge must establish that guilty pleas is voluntary AND Intelligent 2) Before accepting the plea, the judge must conduct a “Plea-taking Colloquy” in OPEN COURT in which she addresses ON THE RECORD (i) the nature of the charges, inc the req’d elements of the charged offense; AND(ii) the consequences of the plea (i.e waiver of the right to plead not guilty, waiver of the right to a trial)
NY Distinction: a trial ct must inform a ∆ who is not an American citizen about the risk of deportation as a consequence of pleading guilty to a felony.
Under what circumstances can a ∆ withdraw a guilty plea?
1) The plea is INVOLUNTARY, due to a defect in the plea-taking colloquy; 2) The ∆ prevails on a claim of ineffective assistance of counsel; OR 3) The prosecutor FAILS to fulfill his part of the plea bargain
What is the 8th Am std for punishment?
The 8th Am prohibits cruel and unusual punishment. It DISALLOWS criminal penalties that are GROSSLY disproportionate to the seriousness of the offense committed
What are 3 key limitations on the death penalty?
1) Statutory limits: a death penalty statute would violate the 8th Am if it created an AUTOMATIC category for the imposition of the death penalty 2) Evidentiary req: in deciding whether to impose the death penalty, jurors MUST be allowed to consider ALL potentially mitigating evidence 3) Categorical exclusions: can’t impose death penalty against: ∆s w/ mental retardation, ∆s who are PRESENTLY insane or ∆s who were under the age of 18 at the time the relevant offense occured
When does “jeopardy” attach?
1) Jury trial: when the jury is SWORN NOTE: the state MAY retry a ∆ EVEN IF DJ attaches when a jury trial ends in a hung jury 2) Bench triall: when the first witness is SWORN 3) Guilty plea: when the ct accepts the ∆’s plea UNCONDITIONALLY
Does double jeopardy apply to civil proceedings?
NO! E.g.: if the SEC prosecutes civilly for insider trading, the USAO can LATER prosecute the same individual for securities fraud w/o implicating double jeopardy
What is the double jeopardy clause? NOTE: NY Distinction
“…nor shall any person be subject for the SAME OFFENSE to be twice put in jeopardy of life or limb by the SAME SOVEREIGN”
1) Same offense req:General rule: 2 offenses are NOT the “same” if EACH contains an element THAT THE OTHER DOES NOT.
NY DISTINCTION: In defining same offense, NY uses the “trxn test,” which reqs that a ∆ be charged w/ all offenses arising from a SINGLE TRXN UNLESS i) the offenses have substantially different elements; ii) ea. offense contains an element NOT in the other AND prevents different harms; iii) one is for criminal possession and the other is for criminal USE; OR iv) ea. offense involves harm to a different victim
Greater and “lesser-incl’d” offenses:2 offenses ARE the “same” offense if only ONE has an element not in the other. THUS, trial for greater offense bars retrial for lesser offense and vice versa
2) Same sovereign req: DJ bars retrial for the same offense by the SAME sovereign ONLY (NOT same sovereigns = State and federal gov’ts , Different states. SAME sovereign = states and municipalities w/in them)
