Trial & Punishment Flashcards
State the 4 main difference between a criminal trial and a grand jury hearing.
— A grand jury may consider evidence that would be excluded in a criminal trial.
— The D does NOT have the right to counsel have counsel present during a grand jury proceeding
— A grand jury hearing may be conducted in secret and D isn’t entitled to notice if the indictment beforehand
— The D bush appear if called to a grand jury hearing, but may still exercise his 5th Am. Right Against Self-incrimination.
What is the Brady rule?
A prosecutor must disclose to a criminal defendant or material exculpatory evidence.
When considering if a defendant’s right to a speedy trial has been violated what will the courts consider?
What is the remedy for violation of the right?
The length of the delay
The reason for the delay
Whether the defendant asserted his right
Whether it has prejudiced the defendant.
Remedy = dismissal with prejudice
Who has the right to a jury trial?
When the maximum authorise sentence is more than six months imprisonment
If the jury is made up of six people how must they vote in order to convicted in a criminal trial?
The juries of only six people to vote must be unanimous.
If the defendant wants to claim that they’ve had ineffective assistance by counsel what two-pronged test do they need to meet?
- Deficiency requirement = Counsel fell below an objective standard of reasonableness meaning that errors were so serious he was not functioning as counsel.
AND
- Prejudice requirement = Defendant must show that but for the deficiency the trial outcome would have been different.
For a guilty plea to be valid the judge must establish what?
That it’s voluntary and intelligent.
To ensure that a guilty plea is valid what must the judge do?
The judge must conduct an colloquy in which he/she addresses the nature of the charges and the consequences of the plea.
What is the remedy for a violation of the constitutional right to a speedy trial?
Dismissal with prejudice
In what circumstances can the defendant withdraw their guilty plea?
There was a defect in the plea-taking colloquy
The defendant wins a claim of ineffective assistance by counsel
The guilty plea carries a deportation risk and the suspects attorney failed to tell them about this fact
The prosecutor fails to fulfil their side of the bargain.
Who decides facts that increase the statutory maximum sentence or mandatory minimum sentence for a crime?
It must be the jury, not the judge
Where the State appoints counsel for the Defendant and they delay their client’s speedy trial, if the D then seeks to have the case dismissed because counsel violated their right, will the court entertain this?
Usually not. Delays caused by D’s counsel, even if appointed by the state, will usually be attributed to the D and not the prosecution.
If D is charged with a misdemeanour, so they have a right to counsel during trial?
Only if imprisonments is actually imposed
