Criminal Procedure - Trial Rights

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Author:
richardlpeterson
ID:
131200
Filename:
Criminal Procedure - Trial Rights
Updated:
2012-01-28 15:32:27
Tags:
VA barbri
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Description:
Criminal Procedure - Trial Rights
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  1. TRIAL RIGHTS
  2. Evidentiary Disclosure
    a prosecutor must disclose to a criminal D all material exculpatory evidence
  3. Right to Unbiased Judge
    • The judge has no financial stake in the outcome of the case, and
    • the judge has no actual malice towards D
  4. Juries
    • Right to jury trial when max authorized sentence exceeds six months; linked to punishment/statutory max
    • Fewest allowed: MS - 6; VA - 12 (felony) and 7 (misd)
    • Verdicts: MS Unanimity req'd if 6 used, not required for 12-person. VA - unanimous, in writing, and returned by jury in open court
    • "Cross-sectional": pool must represent cross-section of community
    • Peremptory challenges: MS - can't discriminate on race/gender; VA - unlimited challenges for good cause, 4 perem challenges in felony, 3 perem challenges in misd
  5. Confronting Adverse Witnesses
    D's right to confront doesn't apply where face-to-face confrontation would contravene important public policy concerns
  6. Right to Effective Assistance of Counsel
    • Must prove 1) counsel's performance was deficient, and 2) but for the deficiency, the outcome of the trial would have been different (prejudice requirement)
    • unless some colorable argument that the D is not guilty, always deny relief under an ineffective assitance of counsel claim

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