CrimProc Rules 5

  1. Jury trial
    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.
  2. 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
  3. Guilty plea
    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.
  4. Fair trial
    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)
  5. 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.
  6. 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.
  7. 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
  8. 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.

    Homocide crimes - 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.

    Non-Homocidal crimes - excessive.

    Defenses - no death penalty for insane, mental retardation, those younger than 18 at time of crime.
Card Set
CrimProc Rules 5