6A Flashcards
Right to counsel
- A suspect against whom formal criminal proceedings have commenced has a right to effective counsel at any post-charge line up or show up, or sentencing (i.e. not a pre-charge line up).
- The right attaches when the suspect has been formally charged, and at all critical stages of proceedings.
- The right does not apply to photo identifications, or when police take physical evidence from the suspect.
Right to counsel - standard
D must prove that counsel did not act as a reasonably competent attorney, and that but for the deficiency, the result would have been different.
Rt to speedy trial
Court discretion to balance:
- length of delay,
- reason for delay,
- prejudice to D, and
- time/manner in which defendant asserted right.
Right to jury trial
Criminal Ds have a right to a jury trial for serious offenses that have a potential sentence of more than 6 months. Juries can have at least 6 (unanimous) and up to 12 members (substantial majority). Only jurypool must reflect fair cross-section of a community, not the final jury. Unlimited strikes for cause, and up to 3 preemptory strikes without cause except for gender and race.
RIGHT TO CONFRONT ADVERSE WITNESSES (In Cross-Examination; Consider Hearsay)
The Sixth AM allows a D in a criminal case the right to confront adverse witnesses. The prosecution may not admit testimonial statements against the D by a third party unless the D has an opportunity to cross-examine the witness.
RT TO CONFRONT ADVERSE WITNESSES -
Nontestimonial statements
Can be admitted if given in interrogation designed to enable police assistance to meet an ongoing emergency (e.g. a 911 call).
RT TO CONFRONT ADVERSE WITNESSES -
Confession of one co-D
The prosecution can admit evidence of a confession by one co-defendant that implicates the other co- defendant if they can redact the statement or if the confessor takes the stand.
