Fair Trials Flashcards
Grand Jury
Done in secret to determine if enough evidence to charge Defendant. Defendant has no right to be there.
No right to: counsel, Miranda, warnings that witness may be a defendant, challenge subpoena, to exclude admissible evidence
Amendments that give right to public trial?
6th and 14th
Jury
Right to jury for offenses with 6 or mo. punishment.
At least 6 jurors
Unanimous verdict
What can peremptory challenges not be based on?
Race or gender
Ineffective Assistance if Council
- Council must be defective
- If not for Defective counsel, outcome would be different
Guilty Pleas
Waives right to jury trial
Must be voluntary and intelligent (judge determined)
Def cannot withdraw a legit plea
Def has right to counsel during
Post charge line up
NOT: phot ID, voice exemplar, or blood sample
Does the jury have to determine all facts during trial including factors that add/reduce sentence?
Yes or violates Def 6th A.
Informants
Must be reliable
Prosecutor does not have to name the informant unless material to case
Self Representation
Def has right to self representation or conviction will be overturned
Can Def be denied right to counsel if statute imposed a fine or imprisonment?
Yes but can only be charged with a fine
Can a witness for a grand jury avoid testifying?
No but can invoke 5th A. to avoid incrimination
5th Amendment
Protects only against testimonial or communicative evidence (not real or physical evidence)
8th Amendment
Prohibition on cruel and unusual punishment
Ex: A state cannot make the death penalty a mandatory sentence for any crime.
Exculpatory Evidence
Prosecutors have an obligation to turn over exculpatory evidence
Ex: Evid that would impeach a critical witness
Judgement can be overturned if failure to disclose created reasonable probability of different outcome
