Trial Rights

Question 1

Brady Rule

Answer 1

Prosecutor must disclose to a criminal defendant all material, exculpatory evidence

Question 2

Criminal D Right to Jury

Answer 2

Right to fair and impartial jury

Question 3

Requisite Number of Jurors in Criminal Trial

Answer 3

• 6 minimum

GA:

• 6 for Misdemeanors
• 12 for felonies

Question 4

Unanimity of Juries

Answer 4

• Must be unanimous if 6 are used
• Not requires for juries of 12

GA:

Requires unanimous verdicts in all cases

Question 5

Cross-sectional Requirement for Juries

Answer 5

Pool from which jury is drawn must represent a cross-section of community

Question 6

Preemptory Challenges

Answer 6

• Permitted on both side to exclude jurors without giving reason, but
• Cannot be used by either side to exclude prospective jurors on account of race or gender

Question 7

Confronting Adverse Witness

Answer 7

• Right to confrontation of accuser under 6th Amendment
• However doesn’t apply where it would contravene an important public policy
  ex. Traumatizing a small child witness

Question 8

Burden in Proving Ineffective Assistance of Counsel

Answer 8

Must show:

1. Deficiency - counsel’s performance fell below objective standard of reasonableness (made erros so serious that he was not functioning as counsel
2. But for the deficiency, the outcome of trial would have been different.

-Rarely works