Trial Flashcards
(14 cards)
What does the 6th Amendment guarantee to a criminal defendant?
The right to a jury trial for all serious offenses.
What defines a serious offense under the 6th Amendment?
An offense for which the authorized punishment is more than 6 months of incarceration.
What must the potential jury pool represent?
A fair cross-section of the community from which no distinctive group is excluded.
Does the actual jury seated need to represent a fair cross-section of the community?
No, the actual jury must be impartial but does not need to represent a fair cross-section.
What are two ways potential jurors may be removed?
- For cause to ensure an impartial jury
- Through peremptory challenges
What do peremptory challenges allow each side to do?
Remove a limited number of potential jurors for any reason other than race or gender.
What rights does a guilty plea waive for a defendant?
- Right to a jury trial
- Right to appeal if there is a conviction
What must a judge ensure for a guilty plea to be valid?
- Inform the defendant of his rights
- Ensure understanding of those rights
- Inform of possible sentences
- Ensure a factual basis for the plea
- Determine plea is not from force, threats, or improper promises
- Ensure understanding of immigration consequences
What is the burden of proof for the prosecution in a criminal case?
The prosecution must prove every element of a crime beyond a reasonable doubt.
Can the government shift the burden of proof to the defendant?
Yes, regarding affirmative defenses argued by the defendant.
What does double jeopardy protect a defendant against?
- Prosecution for the same offense after acquittal
- Prosecution for the same offense after conviction
- Multiple prosecutions or punishments for the same offense
When do two distinct crimes NOT constitute the same offense for double jeopardy purposes?
If each crime requires proof of a fact for which the other does not.
What must happen after the government closes its evidence if a motion for judgment of acquittal is made?
The court must enter a judgment of acquittal if the evidence is insufficient to sustain a conviction.
Fill in the blank: The evidence must be insufficient to sustain a conviction if _______.
no reasonable jury could find that each element of the offense was proven beyond a reasonable doubt.
