Ch 5: Trial Flashcards
(120 cards)
1
Q
What does the Sixth Amendment provide in the federal system?
A
The right to jury trials
States are obligated under the Fourteenth Amendment to provide jury trials in criminal cases involving serious offenses.
2
Q
Which amendment obligates states to provide jury trials?
A
The Fourteenth Amendment
3
Q
Under what condition is there a constitutional right to a jury trial for nonpetty offenses?
A
When the offense carries an authorized sentence of more than six months of imprisonment
4
Q
Fill in the blank: There is no right to trial by jury for multiple _______ offenses.
A
petty
5
Q
In civil contempt cases, is there a jury trial requirement?
A
No, if the witness can avoid punishment by complying with the court order.
6
Q
What is required for a defendant to waive their right to a jury trial?
A
The waiver must be freely and intelligently made
7
Q
True or False: A defendant has an absolute right to a bench trial.
A
False
8
Q
What is the minimum jury size required to avoid a denial of due process?
A
Six members
9
Q
What is constitutionally required of jury verdicts?
A
Unanimous verdicts
10
Q
What does the Equal Protection Clause prohibit in jury selection?
A
Racial discrimination
11
Q
What must be shown to establish a prima facie case for absence of a representative cross section in jury selection?
A
All of the following:
* The group is a distinctive group in the community
* The group was not fairly represented in the venire
* Underrepresentation resulted from systematic exclusion
12
Q
What is the Batson test used for?
A
To determine whether a peremptory challenge has been exercised based on race.
13
Q
True or False: The loss of a peremptory challenge violates the right to an impartial jury.
A
False
14
Q
What does the harmless-error doctrine permit regarding erroneous denial of peremptory challenges?
A
States to choose between harmless-error review and automatic reversal.
15
Q
What is required for a trial to be conducted by an impartial jury according to the Sixth Amendment?
A
The jury must not have bias or misconduct.
16
Q
What must a court allow a defendant to inquire about during voir dire if the case involves racial or ethnic prejudice?
A
Possible juror’s ethnic or racial prejudice
17
Q
What happens if a juror opposed to the death penalty is improperly excluded from a jury for a death sentence?
A
Automatic reversal
18
Q
In sentencing, who must determine the existence of additional facts for sentence enhancement?
A
A jury
19
Q
What can judges decide regarding sentences for multiple crimes?
A
Whether sentences run concurrently or consecutively
20
Q
What is the rule regarding inconsistent verdicts by a jury?
A
Verdicts are not reviewable on the grounds of inconsistency.
21
Q
What is a guilty plea?
A
An admission of facts contained in the charging document.
22
Q
What must a guilty plea be in order to be valid?
A
Knowing and voluntary
23
Q
What must a judge determine before accepting a guilty plea?
A
That the defendant knows and understands the nature of the charges, consequences of the plea, and rights being waived.
24
Q
What is the effect if a court fails to ensure a plea was knowing and voluntary?
A
The defendant is entitled to withdraw the plea.
25
What right does a defendant have when entering a plea?
The right to counsel.
26
What is a plea bargain treated as?
A contract
27
What is the effect of the court's failure to ensure a knowing and voluntary plea?
The defendant is entitled to withdraw his plea
## Footnote
This principle is established to protect the rights of defendants in the plea bargaining process.
28
What right does a defendant have when entering a plea?
The right to counsel
## Footnote
This is guaranteed to ensure that defendants can make informed decisions.
29
How is a plea bargain treated in the legal system?
It is treated as a contract
## Footnote
This can involve agreements on charges or sentencing.
30
True or False: A defendant has a constitutional right to compel the prosecutor to bargain.
False
## Footnote
There is no constitutional right to plea bargain.
31
What happens if a defendant’s plea is made under the threat of more serious charges?
It does not violate the Due Process Clause if the prosecution has probable cause
## Footnote
This refers to prosecutorial discretion in charging decisions.
32
What is the prosecution's duty regarding impeachment information during a plea bargain?
There is no duty to disclose impeachment information
## Footnote
The failure to disclose does not render the plea bargain involuntary.
33
Who can enforce a plea bargain?
The court and the prosecution
## Footnote
The judge can reject a plea if unsatisfied, but the agreement is enforceable against both parties.
34
What rights does a defendant waive by entering a guilty plea?
Constitutional rights such as the right to a trial, privilege against self-incrimination, and right to confront accusers
## Footnote
These waivers must be knowing and voluntary.
35
Fill in the blank: If a defendant's right to a speedy trial is violated, the charges are dismissed with _______.
prejudice
## Footnote
This means the charges cannot be refiled.
36
What does the Sixth Amendment guarantee regarding trials?
The right to a public trial
## Footnote
This right can be waived but requires careful consideration.
37
What factors must a court consider to close a trial?
* Overriding interest likely to be prejudiced
* Closure not in excess of the interest
* Other alternatives considered
* Adequate findings to support closure
## Footnote
These factors ensure that public access is balanced with the needs of justice.
38
What is required for a judge to be impartial?
The judge must possess neither actual nor apparent bias
## Footnote
Bias typically must stem from an extrajudicial source.
39
What types of misconduct are prohibited for prosecutors?
* Making material misstatements of law or fact
* Eliciting information from the defendant outside counsel's presence
* Expressing opinions about guilt or innocence
* Making unfair remarks about the defendant
* Commenting on the defendant's failure to testify
* Inflaming jury passions
## Footnote
These actions can violate the fairness of the trial.
40
True or False: A prosecutor can use false testimony in the case.
False
## Footnote
Using perjured testimony is a violation of due process.
41
What must the prosecution disclose to the defense?
Evidence favorable to the accused
## Footnote
This includes exculpatory or impeaching evidence.
42
What does the right to confrontation entail?
The right to directly encounter and cross-examine adverse witnesses
## Footnote
This right is protected by the Sixth and Fourteenth Amendments.
43
What is the importance of face-to-face confrontation?
It is crucial for cross-examination and observing witness demeanor
## Footnote
However, it can be limited for important public policies.
44
What is the Bruton rule?
The admission of a confession by a nontestifying codefendant at a joint trial violates the Sixth Amendment
## Footnote
This holds even if it corroborates the defendant's own confession.
45
What amendment is violated by the admission of a confession by a nontestifying codefendant at a joint trial?
The Sixth Amendment
## Footnote
The right to confront witnesses is a key component of the Sixth Amendment.
46
Can a limiting instruction cure the defect of admitting a nontestifying codefendant's confession?
No
## Footnote
A limiting instruction cannot rectify the violation of the Sixth Amendment.
47
Under what condition does the rule regarding codefendant confessions not apply?
When the codefendant testifies
## Footnote
The rule is not applicable at a bench trial either.
48
What type of statement does not violate the Confrontation Clause?
Neutral references combined with a limiting instruction
## Footnote
Neutral references do not directly implicate the nontestifying codefendant.
49
What analysis is applied to the admission of a codefendant's statement in violation of Bruton?
Harmless-error analysis
## Footnote
This analysis determines if the error affected the outcome of the trial.
50
What is required for a defendant to demand severance from a codefendant’s trial?
The prosecution intends to introduce a confession hostile to one codefendant
## Footnote
This confession must implicate the confessing defendant but not be admissible against the nonconfessing defendant.
51
What is the presumption of innocence?
A basic tenet of a fair trial
## Footnote
It may be required to be explained to the jury for a fair trial.
52
What is a permissive presumption?
A presumption that the trier of fact is not compelled to accept
## Footnote
It does not shift the burden of proof.
53
What type of presumption violates the due-process requirement?
Mandatory presumption
## Footnote
This type of presumption requires the trier of fact to accept a fact as proving an element of the crime.
54
What must the prosecution prove beyond a reasonable doubt?
All elements of the case
## Footnote
This is a requirement under the Due Process Clause.
55
What is the burden of proof for affirmative defenses like insanity or self-defense?
Placed on the defendant
## Footnote
This is permissible under the Due Process Clause.
56
What is a directed verdict in a criminal case?
A judge may order it only for acquittal
## Footnote
The jury retains the power to convict.
57
What triggers the Sixth Amendment right to counsel during sentencing?
Sentencing is considered a critical stage
## Footnote
This includes revocation hearings for deferred sentences.
58
What must be charged in an indictment to increase a sentence beyond the statutory maximum?
Any fact other than a prior conviction
## Footnote
This must be submitted to a jury and established beyond a reasonable doubt.
59
What is required for a judge to impose consecutive sentences?
It is not a Sixth Amendment violation if facts are found by the judge
## Footnote
This rule is limited to sentencing for single crimes.
60
What does the Eighth Amendment prohibit?
Cruel and unusual punishment
## Footnote
It applies to federal crimes and imposes limits on punishment.
61
What are the requirements for death penalty imposition?
Clear standards, detailed guidance, and rational review
## Footnote
These are necessary to ensure compliance with the Eighth Amendment.
62
What must be found for a death sentence in a homicide case?
At least one aggravating circumstance
## Footnote
This must be determined at either the guilt or penalty phase.
63
What can a trial judge consider when determining a sentence?
Defendant's perjured testimony
## Footnote
This consideration can influence sentencing outcomes.
64
What is the definition of 'especially heinous, atrocious, or cruel' conduct?
It is considered unconstitutionally vague.
65
What must be found for the death penalty to be imposed?
One statutorily defined aggravating factor.
66
What happens if a sentencing judge refuses to review or admit mitigating evidence?
The death sentence violates the Eighth and Fourteenth Amendments.
67
What is required for mitigating evidence to be presented?
It must meet a low threshold test for relevance.
68
When can a mandatory sentence be imposed without presenting mitigating evidence?
When the death penalty is not imposed, e.g., life in prison without parole.
69
Are capital-sentencing courts required to instruct juries about proving mitigating circumstances?
No, they are not required to do so.
70
Under what condition may the death penalty not be imposed in felony-murder cases?
If the defendant did not kill, attempt to kill, or intend to kill, unless they significantly participated.
71
What does the Eighth Amendment prohibit regarding punishment for nonhomicide crimes?
Disproportionately excessive punishment.
72
In which cases is the death penalty considered excessive under the Eighth Amendment?
In cases of rape or armed robbery.
73
What does the Eighth Amendment say about executing prisoners who are insane?
It prohibits inflicting the death penalty on them.
74
What constitutes a severe mental disorder precluding execution?
Dementia that prevents understanding of the execution's purpose.
75
What does the Eighth Amendment prohibit regarding individuals with intellectual disabilities?
Execution of individuals with intellectual disabilities.
76
What must states avoid when determining intellectual disabilities?
Imposing a strict IQ cutoff or ignoring current medical guidelines.
77
What is the Eighth Amendment's stance on executing defendants under 18 years of age?
It prohibits execution for those younger than 18 at the time of the crime.
78
What must a sentencing judge consider when sentencing a juvenile for homicide?
The defendant’s youth and other relevant circumstances.
79
What are the two general requirements for a capital-sentencing process?
* Limit the sentencer’s discretion
* Allow consideration of relevant mitigating evidence
80
What must the jury be informed if the state puts a capital defendant’s future dangerousness at issue?
The only possible sentence besides death is life imprisonment without parole.
81
What did the Supreme Court say about racial discrimination in the death penalty?
It may not be imposed as a result of unconstitutional discrimination despite statistical evidence.
82
Is lethal injection considered cruel and unusual punishment?
No, due to the mere possibility of improper administration.
83
What constitutes cruel and unusual punishment regarding medical care for inmates?
Deliberate indifference to serious medical needs.
84
What is not sufficient to trigger a constitutional violation regarding inmate medical care?
Mere negligence.
85
What establishes the federal right to a jury trial?
The Sixth Amendment.
86
What does the Fourteenth Amendment require regarding jury trials?
States must provide a jury trial in criminal cases for nonpetty offenses.
87
What is a nonpetty offense?
An offense with an authorized sentence of more than six months’ imprisonment.
88
Can a defendant waive the right to a jury trial?
Yes, with the court's approval and by entering a voluntary waiver.
89
What is the minimum number of jurors required to avoid a denial of due process?
Six members.
90
Is a unanimous verdict required for jury trials?
Yes, for both federal and state juries.
91
What is the standard jury size under the Federal Rules of Criminal Procedure?
12 members, unless waived in writing and approved by the court.
92
What is the exception for a jury verdict with fewer than 12 jurors?
A verdict by 11 jurors is permitted if the 12th juror was excused for good cause after deliberations began.
93
What must the jury pool represent?
A representative cross section of the community.
94
What establishes a prima facie case for the absence of a representative cross section in jury selection?
Proving that:
* The exclusion involved a distinctive group
* The group was not fairly represented in the jury pool
* The underrepresentation resulted from systemic exclusion.
95
What is a peremptory challenge?
A challenge allowing a defendant to disqualify a potential juror without showing cause.
96
Does the loss of a peremptory challenge violate a defendant’s right to an impartial jury?
No.
97
What prohibits the discriminatory use of peremptory challenges?
The Fourteenth Amendment.
98
What is the analysis for a claim that a peremptory challenge is discriminatory?
1. Establish a prima facie case of discrimination.
2. Provide a race-neutral explanation.
3. Prove that the reason was pretextual.
99
What is required for a defendant to have an impartial jury?
The jury must be free from bias.
100
What must a court allow when racial prejudice is involved in a case?
The defendant must be allowed to question potential jury members’ views on race.
101
Can jurors opposed to the death penalty be removed for cause?
Yes, if their opposition could substantially impair their performance during sentencing.
102
When is the right to a jury trial violated regarding sentencing enhancement?
When a judge enhances a sentence for reasons other than a prior conviction without a jury determination.
103
What must guilty pleas be made with?
Knowingly, voluntarily, and in the judge’s presence.
104
What must a judge determine regarding a guilty plea?
That the plea is not due to force or promises other than those in the plea agreement and that there is some factual basis for the plea.
105
What right does a defendant have when entering a plea?
The right to competent counsel.
106
Is there a constitutional right to a plea bargain?
No.
107
What can a plea made in response to a prosecutor’s threat not violate?
The Due Process Clause.
108
What rights are applicable during sentencing?
* Right to counsel
* Right to confrontation
* Right to cross-examination.
109
What does the Sixth Amendment protect defendants against?
Post-accusation delays.
110
What factors does the court balance to determine a violation of the right to a speedy trial?
* Length of the delay
* Reason for the delay
* Defendant’s assertion of the right
* Prejudice to the defendant.
111
What is a violation of the right to a fair trial?
If the judge has an actual or apparent bias.
112
What are some examples of prosecutor misconduct that violate the right to a fair trial?
* Misstating law or fact
* Talking to the defendant without defense counsel present
* Expressing opinions about guilt or innocence
* Making improper remarks
* Commenting on the defendant’s failure to testify
* Using perjured or false testimony.
113
What is the right to confrontation?
The right to encounter and cross-examine adverse witnesses and be present at every stage of trial.
114
What are testimonial out-of-court statements barred by the Confrontation Clause?
Unless:
* The witness is unavailable and the defendant had a prior opportunity to cross-examine
* The witness is unavailable due to the defendant's actions.
115
What is the Bruton Rule?
The admission of a codefendant's confession violates the Sixth Amendment unless neutral references are used and a limiting instruction is given.
116
What must the prosecution prove in a criminal case?
All elements of the charged offense beyond a reasonable doubt.
117
What must happen for any fact that can increase the maximum sentence?
It must be charged in the indictment, submitted to the jury, and established beyond a reasonable doubt.
118
What does the Eighth Amendment prohibit?
Cruel and unusual punishment.
119
What must be shown for physical conditions to amount to cruel and unusual punishment?
* The sentence is grossly disproportionate to the crime
* The prisoner shows officials had actual knowledge of substantial risk of serious injury.
120
What requirements must a statute for capital punishment meet?
* Clear and objective standards
* Specific and detailed guidance
* Opportunity for rational review.
