Trial Rights

Question 1

Evidentiary Disclosure

Answer 1

Prosecutor must disclose to a crim defendant all exculpatory material evidence (Brady)

Question 2

Judges

Answer 2

• The right to an unbiased judge means that he or she has:
  
  • no financial stake in the outcome of the case; AND
  • no actual malice towards the defendant.

Question 3

Juries: Fundamental Protections

Answer 3

all crim d have right to a fair and impartial jury

Question 4

Juries: Right to jury trial

Answer 4

Crim defednatns have right to a jury trial when the maximum authorized sentence >6 mths

Question 5

Requisite number of juroros

Answer 5

6 is minimum

GA

6 for misdmeanor

12 for felony

Question 6

Unanimity of Jury Verdicts

Answer 6

Unanimous only if 6 jurors.

12 not unanimous

Question 7

Cross Sectional Requirement

Answer 7

The “cross-sectional” requirement
regarding jurors requires that the pool from which the jury is drawn represents a cross-section of the community; therefore, a jury that contains all white women over the age of 60 does not violate the cross- sectional requirement, provided the pool from which it was drawn was appropriately diverse.

Question 8

Preemptory Challenges

Answer 8

Peremptory challenges permit both sides to exclude jurors without stating their reasons for doing so, but they cannot be used by either side to exclude prospective jurors on account of race or gender.

Question 9

Confronting Adverse Witness

Answer 9

he defendant’s right to confront adverse witnesses under the Confrontation Clause of the Sixth Amendment does not apply where face-to-face confrontation would contravene important public policy concerns.

e.g. traumatizing child witness

Question 10

Right to effective assistance of counsel: proving ineffective assistance

Answer 10

• Two-prong test
  
  • (1) “Deficiency” requirement: Counsel’s performance fell below an objective standard of reasonableness , meaning he made errors so serious that he was not functioning as counsel; and
  • (2) “Prejudice” requirement: “But for” the deficiency, the outcome of the trial would have been different.
• Example of strictness of deficiency standard: Insufficient showing of deficiency where attorney took “cat naps” during trial but was otherwise effective.
• Example of strictness of prejudice standard: Insufficient showing of prejudice where attorney slept through entire 15-minute testimony of a witness for the prosecution and thus could not engage in any cross-examination; no prejudice because the witness testified as to “non-contested matters” only.