Duty to disclose
What prosecutors must provide
- Statements of the defendant and/or co-defendant
- Defendants criminal history
- Copies or notice of any documents or tangible objects being used at trial
- Reports of examination and tests
- Notification of any expert witnesses
- Copies of search warrants
Exculpatory evidence (Brady rule)
- Prosecutors have an obligation to provide the defense with any exculpatory evidence that is material to the issue of either guilt or punishment
- Not providing exculpatory evidence violates the DP clause - the trial is unfair because the government did not alert the defendant to exculpatory information
Materiality
- The prosecutors knowing use of perjured testimony would require that the conviction be set aside
- The defendant fails to make a Brady request and the prosecutor still fails to disclose evidence favorable to the defendant
- Where the defense makes a request and the prosecutor does not produce the material responsive to the request
Plea bargaining
- An agreement between the prosecutor and the defendant, accepted by the court, with terms and conditions
- crucial part to a trial and defendant is allowed an attorney
- voluntary, knowing and intelligent acts
- Reasons
- Crowded court dockets
- Inadequate public defenders
- Lazy prosecutors
- Financial incentives of private attorneys
Prosecutorial vindictiveness
re indictment with the idea that the charges would discourage the defendant from asserting his trial rights
Stickland test in plea negotiations
cause and prejudice
- Defendant must demonstrate a reasonable probability they would have accepted the earlier offer if it were communicated to them
- Also must demonstrate the prosecutor would not have cancelled the plea
Requisites of a valid plea
- Inform the defendant and determine the he understands the nature of the charge and the possible penalty
- Insure the defendants plea is voluntary
- Require the disclosure of any plea agreement and accept or reject that agreement
- Insure there is factual basis for the plea
A plea must be voluntary
it can’t be if
- The accused does not understand the nature of the rights he is waiving, or
- He has an incomplete understanding of the charge that his plea cannot be an intelligent admission of guilt
- To correct the error, most defendants are read, and asked to admit, the amended charge.
Why juries need six people
- Adequate group deliberation
- Insulate members from outside intimidation
- Provide a representative cross section of the community
Rule 23
- Allows a defendant to waive a jury trial with the consent of the government and the approval of the court
- Do not have a right to waive a jury trial
- Entitled to an impartial jury
Jury selection (vior dire)
- Challenges for cause are for lack of impartiality
- Each are given peremptory challenges - no reason normally need to be given
- There are two rights here, the right of a defendant to an impartial jury and the right of a juror to serve on a jury
Cases
Carter v jury commission: African Americans to serve on a jury
Taylor v Louisiana: women on a jury
Batson challenge
-The defendant can rely on the facts of the jury selection in his particular case
-Relevant considerations include
-A pattern of striking minority jurors
-The prosecutors questions and statements during
voir dire
Ineffective assistance of counsel
- Defendants argue that his lawyers representation was so inadequate that his conviction need be overturned
- Applies to both appointed and retained counsel
- Cannot be raised on direct appeal - there is no factual record created to establish those claims
- IAC claims apply to all stages where the defendant has a constitutional right to counsel
- Applies to appellate counsel on the first appeal as of right
- Most come through federal habeas corpus petitions
The IAC test: whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result
- The defendant must show the the attorneys performance was deficient
- Must show the deficient performance prejudiced the defense - that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable
Counsel conflicts of interest
- Real and potential conflicts of interests count
- A potential conflict arises where defense counsel owes an obligation to a person other than the defendant that could favor action or inaction adverse to the interests of the defendant client
- The trial court may have a limited duty to inquire into the possibility of a conflict on it own initiative
Counsel control v client control
Defendant decides
-Whether to plead guilty
-Whether to waive the right to a jury trial
-Whether to waive the right to be present at trial
-Whether to testify or not testify
-Whether to forego an appeal
Counsel decides
-Whether to exercise a large group of procedural rights
-Strategic decisions, generally
The right of self-representation
- Comes up when a defendant wants to represent himself at trial, and when a defendant wants, after the trial starts, to fire his lawyer and then represent himself
- The appellate claims come when those
- To represent oneself a judge must conclude that the decision to do so is knowingly and voluntarily made
- Considerations include age, education, experience in court, experience in representing oneself
- They have to be made aware of the dangers and disadvantages of self-representation
- They are required to follow all rules and court procedures
