Crim Pro - 6th Amendment

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Crim Pro - 6th Amendment
2014-07-15 17:32:08
Crim Pro 6th Amendment

Crim Pro - 6th Amendment
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  1. 6th Am Right to counsel?
    • Right to assistance of counsel in all critical stages of criminal prosecution after judicial proceedings have begun.
    • Attaches upon indictment.
  2. When don't you have the 6th Am right to counsel?
    • 1) photo ID [via photographs]
    • 2) No RTC for inadvertent viewing of the suspect
    • 2) taking physical evidence [blood, handwriting]
    • 3) parole and probation revocation proceedings
    • 4) post-conviction proceedings
  3. Denial of a RTC for Identification procedures?
    • 1) 6th Am RTC applies to post-charge line-ups and show-ups (1 on 1)
    • 2) No RTC for a pre-charge lineup
    • 3) Violates 14th Am DP if lineup is: 1) unnecessarily suggestive and 2) substantially likely to produce a misidentification
  4. Remedy for constitutional violation for a pre-trial ID?
    • Exclude the identification unless: govt had an INDEPENDENT SOURCE for the in-court identification.
    • Most common independent source: ample opportunity for victim to look at the guy at the time of the crime.
  5. Scope of 6th Am RTC?
    offense-specific: not required for unrelated, uncharged offenses
  6. Waiver of 6th Am RTC?
    Must be knowing, voluntary, and intelligent
  7. 6th Am Right to effective assistance of counsel
    • 1) effective counsel presumed
    • 2) ineffective assistance shown by deficient performance and, but for deficient performance, result would have been different
  8. 6th Am right to speedy trial
    • Attaches once D is arrested or charged.
    • Totality of the circumstances
    • 1) length of delay
    • 2) reason for delay
    • 3) whether D asserted his right
    • 4) prejudice to D
  9. 6th Am right to jury trial
    applies to serious offenses - imprisonment for 6 months+
  10. 6th Am guilty pleas, what requirements?
    • 1) must be voluntary and intelligent
    • 2) judge must address D personally, on the record, in open court
    • 3) judge must be aware D knows and understands:
    • ------a) nature of the charge,
    • ------b) maximum penalty,
    • ------c) mandatory minimum,
    • ------d) right to plead not guilty
  11. 6th Am number and selection of jurors
    • 1) right to have at least 6 jurors
    • 2) right to have jury selected from representative cross-section of hte community. violated if there is an underrepresented group of a distinct and numerically significant group
    • 3) peremptory challenges to exclude jurors on the basis of race or gender violates EPC
  12. Death Penalty - jury's bias?
    Jury's view must not prevent or substantially impair ability to perform duties
  13. Sentence enhancement
    • Sentence enhancement facts must be submitted to the jury and proved beyond a reasonable doubt
    • jury trial right violated if judges make determination
  14. Right to confront witnesses
    right not absolute when important public purpose or to remove a disruptive defendant
  15. Joint trial, co-defendant's confession?
    • Cannot be admitted unless
    • 1) portions referring to the other defendant are redacted
    • 2) confessing defendant takes the stand and submits to cross-exam, or
    • 3) confession of the co-defendant is used to rebut the defendant's claims that his confession was involuntarily obtained
  16. Prior testimonial evidence, admissible?
    • (hearsay)
    • Inadmissible unless D is unavailable, and D had an opportunity to cross-examine the declarant