trial stuff Flashcards
what are 2 ways to attack pretrial identification?
1) denial of the right to counsel
2) denial of due process
are D given right to counsel during POST CHARGE lineups and show ups
YES. POST CHARGE
is there a right to counsel when police go out and show victim or witness a photo?
NO
other stages where NO right to counsel
1) blood samples
2) handwriting samples
3) PRE-CHARGE lineups
4) brief recess during D’s testimony at trial
5) parole and probation revocation proceedings
6) taking of fingerprints
when can a person make a bail appeal?
RIGHT AWAY
what if a prosecutor fails to disclose evidence, w/e willful or inadvertent
violates due process clause and may be grounds for reversal of a conviction
when will failure to disclose evidence be grounds for reversing a conviction?
1) the evidence is favorable to the D AND
2) prejudice has resulted, meaning there is a REASONABLE PROBABILITY that the result would have been different had the information been disclosed
when is a judge biased?
1) financial interest in the outcome of case or
2) actual malice against the D
when a D have a right to a JURY trial
if the maximum authorized sentence EXCEEDS 6 months
what is the minimum amount of juries allowed and what must happen if that is the number?
- If only 6 need unanimous verdict
what can a person not use peremptory challenges on
cannot solely be based on race or gender
does a person have a right to have a jury POOL reflect a fair cross section of the community.
YES. but no right to have actual jury panel reflect a fair cross selection of community
a criminal D’s right to counsel applies to all what during a proceeding/
CRITICAL STAGES
what does a D need to establish for an ineffective assistance of counsel?
claim MUST specify PARTICULAR ERRORS of a trial counsel
wen does a D have a right to defend themselves?
right to waive trail counsel if
1) KNOWING and
2) INTELLIGENT and he is
3) competent to proceed pro se
when does a D not have a right to confront witness in the confrontation clause
when it serves
1) an important public purpose and
2) the reliability of the witness testimony is otherwise assured
(had kid in sexual abuse case put in another room where a tv is directed to jury)
when will courts not disturb guilty pleas?
AFTER sentencing
if a D pleads guilty what must the judge address on the record?
1) nature of charge
2) judge must tell D the max authorized penalty and any mandatory minimum sentences
3) the judge must tell that he has a right to plead not guilty and to demand a trial and
4) all of this must be on the record
what are 4 good bases for withdrawing a guilty plea after sentencing?
1) plea was involuntary (some mistake in plea ceremony)
2) lack of jurisdiction
3) ineffective assistance of counsel
4) failure of the prosecutor to keep an agreed upon plea bargain
is a plea involuntary merely because it was entered into in response that prosecutors threat to charge the D of a more serious crime?
No
is it constitutional to have an automatic category of crimes that have the death penalty?
No
when is a death penalty statute unconstitutional
when it does not give D a chance to present mitigating facts and circumstances
who determines the aggravating factors when justifying imposition of a death penalty?
only JURY not the judge
when does jeopardy attach in a jury trial?
when the jury is sworn
