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Flashcards in Trial Deck (23)
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1
Q

Right to Jury Trial

A

6th Amend. provides the right to jury trials

  • States obligated under the 14th amend. to provide jury trial for serious offenses
2
Q

The right to jury trial attaches in any criminal proceeding where the defendant faces a potential sentence of what length?

A

Right attaches for serious offenses where D faces potential sentence Greater than 6 months

  • The actual penalty imposed is irrelevant
3
Q

Waiver of right to Jury Trial

A

D can waive the right & opt for trial by judge (bench trial)

  • If the waiver is freely and intelligently made
  • Not an absolute right to bench trial
4
Q

Jury Size - Federal Court

A
  • FRCP requires 12 members unless waived inwriting & approved by the court
  • Verdict by 11 is OK if the 12th juror excused for good cause after deliberations begin
5
Q

Jury Size - State Court

A
  • Juries of less then 6 are unconst.
  • Juries of 6 must return unanimous verdicts
  • Juries of more than 7 - unanimity is not required
6
Q

Jury Selection

A

The Equal protection clause bars racial discrim. in the selection of juries

  • Jury must be selected from a representative cross-section of the community (ethnic and gender demographics)
  • Actual jury selection does NOT need to represent a fair cross-section of the community

D has standing to challenge jury-selection process (doesn’t need to show actual bias)

7
Q

How can a prima facie case for the absence of a representative cross-section be established ?

A

Can be est. by showing that:

  1. The group allegedly excluded is a distinctive group in the community
  2. The group was not fairly represented in the venire from which the jury was chosen, AND
  3. The underrepresentation resulted from a systematic exclusion of the group in the jury-selection process
8
Q

State’s right to use neutral principles

A

In response to a claim of intentional racial discriminationin jury selection the state has the right to apply neutral, nonracial principles and must prove absence of discriminatory intent

9
Q

What are Preemptory Challenges ?

A

Requests by both parties during voir dire jury selection process to disqualify jurors w/out the need to show cause

10
Q

Discriminatory Use of Peremptory Challenges

A

14th amend. EP clause prohibits the D & prosecutor from exercising challenges soley based on race or gender

11
Q

What test is used to determine if a peremptoriy challenge has been exercised on the basis of race?

A

3 Prong “Batson” Test - the test requires that:

  • The moving party establishes a prima facie case of discrimination
  • The party who exercised the challenge provides a race-neutral explanation for the strike
  • The moving party carries the burden of proving that the other party’s reason was pretextual & that the strike was motivated by purposful discrimination
12
Q

Right to an Impartial Jury

A

6th Amend. provides that an accused pers. is entitled to a trial by an impartial jury

  • Claims of juror bias and misconduct are subject to the harmless error rile
13
Q

Jury members views on race

A

D can question a potential juror member’s view on race only when racial prejudice is invoved in the case or when race is inextricably bound in the case

14
Q

Jury Members Views on Capital Punishment

A

No auto. exclusion of a juror just b/c they oppose the Death penalty

  • Improper exclusion of juror from jury that imposed death sentance is subj. to auto. reversal

BUT jurors opposed to the death penalty may be removed for cause if:

  • their opposition is so strong it prevents or subst. impairs the perf. of their duties at the sentencing phase of trial
    • e.g. pers. opposed &unsure if she could ever vote to impose it
15
Q

What is a Guilty Plea?

A

An admission of facts contained the charging document (indictment information)

16
Q

What are the requirements for a valid guilty plea?

A

The plea must be:

  1. Intelligent AND
  2. Voluntary

Record must reflect that the judge has determined that the D knows & understands the following:

  1. The nature of the charges & their essential elements
  2. The consequences of the plea
    • Max & min possible sentences
    • poss. immigration consequences
  3. The rights that the D is waiving
    • Right to trial
17
Q

Remedy for Invalid Plea

A

If plea fails to meet the standards, the plea will be withdrawn & the D may plead anew

18
Q

Plea Bargain

A
  • Treated as a contract b/w prosecutor & D
  • If made in response to prosecutor’s threat to bring more serious charges, it is not a violatio of DP
  • Prosecutor doesn’t have to disclose impeachment information related to affirmative defenses to D
19
Q

Enforcement of Plea Bargains

A

Enforceable against the Prosecution but not the Judge (judge can reject the plea if not satisfied)

20
Q

Plea Bargains Broken by Prosecution

A

The judge decides whether specific performance of the plea is required or if the D can withdraw his plea

21
Q

What is the effect if the Defendant fails to abide by the plea agreement?

A

Prosecution can have the sentence vacated and reinstate the orig. charge

22
Q

Effect of the Plea on the Defendant’s Rights ?

A

D waives his const. rights by entering a guilty plea

  • Right to trial, Priv. against self-incrim., right to confront accusers

BUT D can challenge a guilty plea When:

  1. On the DP grounds that it was a knowing & vol. waiver
  2. Guilty plea doesn’t constitute waiver of double jeopardy
  3. May attack guilty plea that is due to ineffective assistance of counsel
  4. Lack of jurisdiction
23
Q
A