Trial by Jury
When is Defendant granted the right to trial by jury
Defendant is granted this right when faced with 1 count with a maximum penalty of six months or more in confinement
What is the Confrontation Clauses?
What Amendment is it under?
Under the 6th Amendment
Definition: The defendant has the right to confront witnesses and evidence put before them
Do any of the Federal rules of evidence bar Confrontation clause
NO
What is the compulsory process
6th Amendment right that provides that a defendant may avail herself to the process power of the court to secure witnesses and evidence.
How many jurors do you need for capital cases?
Have to have 12
When is Confrontation Clause Triggered
When the Witness is at trial and takes the stand, you can cross the witness
Court made examples of non testimonial in nature statements:
- Business records
-Hearsay statements made to assist police in responding to an ongoing emergency are NOT testimonial and do not implicate the confrontation clause
-911 call of what is currently happening is not considered testimonial in nature
-Expert reports in preparation for the prosecution
Can an attorney comment on a Defendant using their 5th Amendment right to not testify
NO
How many jurors members do you need for other crimes (other than capital)
At least 6
When is a out of court statement considered testimonial in nature?
When the statement was made under circumstances that a reasonable declarant would think it would be used as evidence in the furture?
Are Expert reports prepared for the prosecution consider testimonial?
Bullcoming and Melendez: Expert reports prepared for prosecution ARE testimonial and the expert must testify to admit the report.
When is a discovery violation implicated under the Compulsory Process
Defense will violate the reciprocal discovery obligation; and the prosecution will request the witness not allowed to testify.
True or false:
All criminal jury verdicts have to be unanimous
True
What elements are required for the confrontation clause to not be an issue
(1) Witness is under oath (sworn testimony),
(2) Defendant has an opportunity to cross,
(3) jury sees the witnesses demeanor and cross examination can be seen
True or False:
Hearsay statements made to assist police in responding to an ongoing emergency are not testimonial and do not implicate the confrontation clause
True
What is the result of a Compulsory Process Discovery violation
When a violation of discovery obligations results in a ‘surprise’ witness for the defense AND the prosecution moves to exclude the witness from testifying the presumption is a continuance.
BUT if the judge determines that the discovery violation was deliberate and calculated defense tactic to undermine the integrity of the fact-finding process, the witness can be excluded and not violate compulsory process
Defendant Zack ran over a police offer and shot another one. The prosecution charges him with capital murder, and aggravated assault with a deadly weapon. How many jurors are required to sit in the jury box?
12 jurors because its a capital murder case, and capital is required.
What is Forfeiture by Wronging
If the witness is unavailable b/c Defendants misconduct, D forfeits the confrontation objective ONLY if state can show defendant’s misconduct was motived to precent the witness from testifying
What is the Bruton/Cruze Rule? I.e. In a conspiracy case is being charged. When can D1's confession implicating D2 allowed?
Is a limiting instruction enough to cure this problem?
Rule: Offering D1 confessions against D1 when it implicates D2 as well, then it violates D2’s Confrontation clause. Unless D1 takes the stand.
No
The prosecution brings embezzlement charge against John. Right before trial, John tells the prosecution that they are bringing in an alibi witness to purposefully mess with the case and confuse the jury. The state moves to have the alibi witness not testify. Will suppressing the witness violate the compulsory process?
Depending on the jurisdiction, if the court finds that there is deliberate and calculated defense tactic then excluding the witness from testifying WILL NOT violate compulsory process.