CrimProc Rules 5
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Guaranteed under 14th amendment only in criminal cases for serious offenses (maximum sentence of greater than 6 months)
Waiver requires knowing, voluntary, intelligent waiver in open court that is in writing. In NY, cannot waive jury trial for 1st degree murder charge.
Composition of jury
Must be sellected from cross-section of the community
To show absence of representation of part of community:
- group excluded was a distinctive group w/in the community
- group not fairly represented in venire
- underrepresented as a result of systematic exclusion
- no signficant government interest supported by the exclusion
May be entered only after judge has personally advised defendant of:
- right to trial and waiver of that right through guilty plea
- right to plead not guilty
- right to representation
- elements of the charge
- minimum and maximum sentence possible
- guilty plea = waiver of right to appeal sentence
- right of government to use defendant's statements under oath in any subsequent perjury action.
Required under due process clause
- Impartial judge
- Fair conduct by prosecutor (no material misstatement of fact or law, no express personal opinions of defendant's guilt or innocence, etc)
Right to confrontation
Right to face-to-face confrontation of witness except where necessary to further an important public policy.
Cross-examination, including impeachment for bias and right against hearsay evidence
Confession by non-testifying co-defendant in joint trial may not be admitted.
Due process rights at trial
To testify and bring evidence on his own behalf
To have prosecution prove all elements beyond a reasonable doubt
Right to have directed verdict, if any, only for acquittal. Power to acquit rests with the jury.
Cruel and unusual punishment for non-capital punishment
Incarceration - C&U if prison officials have actual knwledge of substantial risk to prisoners
Physical force - C&U if not applied in good-faith effort to maintain or restore dscipline
Sentencing - not C&U if within legislatively prescribed range of sentencing
Cruel and unusual punishment for capital punishment
May be imposed only under state statutory scheme that provides:
- clear objective standard
- specific and detailed guidance
- opportunity for rational review of process.
- trier of fact must find at liase one aggravating circumstance to warrant death penalty. Automatically excessive in felony-murder cases and where there was no intent to kill or intent to use lethal force.
- no death penalty for insane, mental retardation, those younger than 18 at time of crime.
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