Trial Rights and Pleas

Question 1

What are the five important trial rights?

Answer 1

Criminal Ds have the right to:

1. Speedy trial;
2. Access ALL of prosecution’s material exculpatory evidence (Brady rule);
3. Unbiased judge;
4. Trial by a fair and impartial jury IF the maximum authorized sentence is greater than six months; AND
5. Effective assistance of counsel

Question 2

Who has the right to a speedy trial?

Answer 2

All CRIMINAL defendants have a Const. right to a speedy trial

Question 3

What are the factors for deciding whether the right to a speedy trial has been violated? (and what kind of test is applied?)

Answer 3

(totality of circumstances test)

1. Length of delay
2. The reason for the delay
3. Prejudice to the defendant

Question 4

What is the Brady rule?

Answer 4

Prosecutor must disclose to criminal D all material exculpatory evidence

Question 5

NY QUESTION

What is the (NY) Rosario rule?

Answer 5

Before making opening arguments, Prosecutor must make available to criminal D

1. any prior written or recorded statements AND
2. known criminal records

of persons to be called as witnesses

(PROVIDED that such information relates to the subject matter of witness’s testimony)

Question 6

What constitutes an unbiased judge?

Answer 6

1. Judge has no financial stake in outcome of the case
2. No actual malice towards D

Question 7

What are is the Constitutional right to a jury?

Answer 7

Criminal D has a right to (i) a fair and impartial jury (ii) WHEN the maximum authorized sentence exeeds 6 months.

Question 8

How many jurors are required in federal trials?

(MBE)

(NY)

Answer 8

MBE: Fewest jurors allowed is six (and six must remain throughout the trial, i.e., if one leaves due to sickness, etc., verdict may not be returned)

NY: 12 person jury is REQUIRED for FELONIES; BUT D can waive this right and proceed to verdict with only 11 jurors)

Question 9

When must jury verdicts be unanimous?

(MBE)

(NY)

Answer 9

MBE: Unanimity required from a 6-person jury; unanimity NOT required from 12-person juries.

NY: Unanimity ALWAYS required in criminal jury verdicts

Question 10

What satisfies the Constitutional requirement of a jury of peers?

Answer 10

Pool from which jury drawn must represent cross section of community

(chosen jurors irrelevant, so long as the pool was appropriately diverse)

Question 11

What are peremptory challenges? What is the limitation on peremptory challenges?

Answer 11

Peremptory challenges permit prosecution and defense to exclude jurors without stating their reasons; BUT

Peremptory challenges may not be used to exclude prospective jurors on account of race or gender

Question 12

What are the elements of an Ineffective Assistance of Counsel claim?

(2-prong test)

Answer 12

1. Deficiency (Counsel’s performance fell below an objective standard of reasonableness)
2. Prejudice (But for Counsel’s deficiency, the outcome of the trial would have been different)

Question 13

What is the standard for Deficiency for ineffective assistance of counsel?

Answer 13

Counsel’s performance fell below an objective standard of reasonableness

(i.e., Att’y made errors so serious, it was as though he wasn’t functioning as counsel)

(Court will deny unless there some colorable evidence of D’s non-guilt)

Question 14

What is the prejudice requirement for ineffective assistance of counsel?

Answer 14

But for the deficiency, the outcome of the trial would have been different

Question 15

What is the standard for a guilty plea to be valid?

Answer 15

For a guilty plea to be valid, Judge must establish that the plea is”

1. Voluntary AND
2. Intelligent

Question 16

What is a plea-taking colloquy? What are the two elements of it?

(What is the additional NY rule for non-US citizen Ds?)

Answer 16

Before accepting a guilty plea, the judge must conduct a colloquy in OPEN COURT. Judge must address ON THE RECORD:

1. The nature of the charges (including all elements) AND
2. The consequences of the plea (e.g., waiver of right to plead non guilty and right to trial)

NY: Trial court must ALSO inform a D who is NOT an American citizen of the risk of deportation as consequence of pleading guilty to a felony

Question 17

When can a plea be withdrawn?

Answer 17

Once a D who has pled guilty is sentenced, it’s tough to withdraw the plea. But it may be done IF:

1. Plea is involuntary, due to defect in the colloquy;
2. D prevails in a claim of ineffective assistance of counsel (incl. special deportation rule); OR
3. Prosecutor fails to fulfill his part of a plea bargain

Question 18

What is the special rule for ineffective assistance of counsel at the pleading stage?

Answer 18

If there is a risk of deportation, failure of counsel to inform of this risk satisfies deficiency.

(N.B. D must prove that his decision to reject the plea bargain would have been rational under the circumstances)

Question 19

What are the requirements of the 8th Amendment?

Answer 19

8A disallows criminal penalties that are grossly disproportionate to the seriousness of the offense committed

(N.B. This is a hard standard to satisfy)

Question 20

What are the 8A limitations on death penalty statutes? (2)

Answer 20

Death penalty is grossly disproportionate IF:

1. It creates an automatic category for imposition of the death penalty (e.g., A statute that requires death sentence for “Any conviction for first degree murder where victim was a police officer”)
2. Jurors are not allowed to consider “all potentially mitigating evidence” for some reason (i.e., Jurors MUST be allowed to consider ALL potentially mitigating evidence in death penalty situations)

Question 21

When is a death sentence prohibited? (4 circumstances)

Answer 21

Death penalty forbidden against Ds who:

1. Have mental deficiency or retardation;
2. Are presently insane;
3. Are under 18 at time of offense (N.B. Also forbidden to sentence these Ds to life imprisonment without parole!); OR
4. Committed crimes against persons where the victim did not die

Question 22

What is the rule on sentence enhancements?

(i.e., Who must decide on them?)

Answer 22

Any fact that increases the statutory max or the mandatory minimum sentence for a crime MUST be found by JURY, not the judge.

(BUT NOTE: Whether sentences for multiple crimes will run concurrently or consecutively is decided by the judge)