Trial Process

Question 1

Right to Jury Trial

Answer 1

The 6th Amendment guarantees a criminal defendant the right to a jury trial for all serious offenses.

Serious offenses are those for which the authorized punishment is more than 6 months of incarceration.

Question 2

The potential jury pool must represent

Answer 2

a fair cross-section of the community from which no distinctive group is excluded. However, the actual jury that is seated must be only impartial – it does NOT have to represent a fair cross-section of the community.

Question 3

Potential jurors may be removed

Answer 3

for cause to ensure an impartial jury OR through the use of peremptory challenges.

Peremptory challenges allow each side to remove a limited number of potential jurors for any reason other than race or gender.

Question 4

A guilty plea waives

Answer 4

the various trial rights that a defendant would otherwise have (e.g., right to a jury trial, right to appeal if there is a conviction, etc.).

Question 5

For a guilty plea to be valid, the judge must:

Answer 5

Inform the defendant of his rights and ensure that the defendant understands those rights;

Inform the defendant of possible sentences;

Make sure there is a factual basis for the plea;

Determine that the plea did not result from force, threats, or improper promises;

AND

Make sure that defendant understands the immigration consequences of pleading guilty.

Question 6

Burden of Proof

Answer 6

The prosecution MUST prove every element of a crime beyond a reasonable doubt in order to obtain a conviction of the defendant.
Narrow exception: However, the government can shift the burden of proof to the defendant in regard to affirmative defenses argued by the defendant.

Question 7

Double Jeopardy

Answer 7

After one trial, Double jeopardy ensures that the defendant is protected against (IN THE SAME Jx…still potentially liable in other states and in federal court):

Prosecution for the same offense after acquittal;

Prosecution for the same offense after conviction;

AND

Multiple prosecutions or punishments for the same offense.

Two distinct crimes do NOT constitute the “same offense” for double jeopardy purposes if each crime requires proof of a fact for which the other does not (e.g., offenses with different victims are separate offenses for double jeopardy purposes).

Note: DJ does not apply until the trial has begun (for jury trials, begin = jury selected and jury takes oath; for bench trials, begin = when first W has been sworn in), so a dismissal before either of these occurs does not bar future prosecution for DJ
Note: trial does not have to go to conviction/acquittal for the first trial to attach and bar DJ

Question 8

What is standard for motion for judgment of acquittal

Answer 8

After the government closes its evidence or after the close of all the evidence, the court, on the defendant’s motion, must enter a judgment of acquittal for the defendant if the evidence is insufficient to sustain a conviction (i.e., no reasonable jury could find that each element of the offense was proven beyond a reasonable doubt).