Trial

Question 1

Right to Jury Trial

Answer 1

6th Amend. provides the right to jury trials

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

Question 2

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

Answer 2

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

• The actual penalty imposed is irrelevant

Question 3

Waiver of right to Jury Trial

Answer 3

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

Question 4

Jury Size - Federal Court

Answer 4

• 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

Question 5

Jury Size - State Court

Answer 5

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

Question 6

Jury Selection

Answer 6

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)

Question 7

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

Answer 7

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

Question 8

State’s right to use neutral principles

Answer 8

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

Question 9

What are Preemptory Challenges ?

Answer 9

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

Question 10

Discriminatory Use of Peremptory Challenges

Answer 10

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

Question 11

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

Answer 11

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

Question 12

Right to an Impartial Jury

Answer 12

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

Question 13

Jury members views on race

Answer 13

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

Question 14

Jury Members Views on Capital Punishment

Answer 14

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

Question 15

What is a Guilty Plea?

Answer 15

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

Question 16

What are the requirements for a valid guilty plea?

Answer 16

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

Question 17

Remedy for Invalid Plea

Answer 17

If plea fails to meet the standards, the plea will be withdrawn & the D may plead anew

Question 18

Plea Bargain

Answer 18

• 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

Question 19

Enforcement of Plea Bargains

Answer 19

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

Question 20

Plea Bargains Broken by Prosecution

Answer 20

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

Question 21

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

Answer 21

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

Question 22

Effect of the Plea on the Defendant’s Rights ?

Answer 22

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