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16 Cards in this Set

  • Front
  • Back
6TH A. RIGHT TO COUNSEL (Pre-Trial Stages)
- D guaranteed a right to assistance of counsel at critical stages after judicial proceedings have begun BUT NOT BETWEEN ARREST & CHARGE.
Right to counsel present at any post-charge line-up or show-up:
a. Line-up: W asked to pick perpetrator of crime from group of persons
b. Show-up: one-on-one confrontation between W & suspect for ID purposes. (By definition unduly suggestive)
NO right to counsel at:
A photo ID or taking of physical evidence
14th A. Due Process Clause Requirements for Pre-Trial ID (line-up)
Violates DP if unduly suggestive as to create a substantial likelihood of misidentification
14th A. DPC Requires Confessions be Voluntary:
For a self-incriminating statement to be admissible under DPC, it must be voluntary, as determined by the totality of the circumstances
Waiver of Counsel:
- Must be knowing & intelligent; D must be found competent to proceed pro se.
- Case of indigence: state that provides counsel may seek reimbursement from convicted D who subsequently becomes able to pay
6th A. Right to Effective Assistance of Counsel
Guarantees everyone an attorney for first appeal of right.
Ineffective Assistance of Counsel as a const issue requires D establish 2 elements:
1. Criminal defense attorney’s performance was unreasonably deficient (dropped below accepted standard of care) and
2. But for his attorney’s defective performance, result of proceedings would have been different. So on Bar, unless told D would have been found not guilty, do not find it ineffective assistance of counsel.
6th A. Right to a Speedy Trial
i. Totality of the Circumstances
ii. Attaches once D is arrested or charged
6th A. Right to Fair Trial
Right to an unbiased judge (bias = financial interest in outcome OR some actual malice against D. (“next time you are back here, im giving you the max” ≠ bias)
6th A. Right to Jury Trial
- For serious offenses only (if imprisonment is for over 6 months)
- No const right to a jury of 12, but there must be at least 6 jurors to satisfy the right to a jury trial
- Peremptory Challenges: cannot exclude jurors because of race or gender.
1. Right to have jury selected from a representative cross-section of the community & Right to impartial jury
6th A. Right to Confront Witnesses
Declarant must be available to testify so the jury may observe W demeanor & there must be an opportunity to cross-examine
Co-Defendant’s Confession
- If 2 ppl are tried together and one has given a confession that implicates the other, the right of confrontation prohibits use of that statement, even where the confession interlocks w/ the D’s own confession, which is admitted. BUT such a statement may be admitted if:
1. All portions referring to other D can be eliminated;
2. Confessing D takes the stand; or
3. Confession of nontestifying co-D is being used to rebut D’s claim that his confession was obtained coercively.
8th A. Prohibition Against Cruel & Unusual Punishment
Punishment must be proportionate to the seriousness of the offense
Sentencing
Any fact that increases penalty beyond statutory maximum must be proved beyond a reasonable doubt by jury (unless it’s prior conviction) (State & Fed)
Death Penalty
i. Mitigating Facts: D must have a chance to present mitigating facts & circs to jury. State cannot limit, by statute, mitigating factors. All relevant mitigating evidence must be admissible.*
ii. Aggravating Facts: only a jury, & not a judge, may determine the aggravating factors justifying imposition of the death penalty.
iii. No automatic category: no crime where it is automatic you get the Death Penalty