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Trial Guarantees
1. speedy and public
2. impartial jury
3. assistance of counsel
4. right to be present
5. right to confront witnesses
6. right to remain silent/testify
7. presumed innocent
Speedy trial balancing test
1. length of delay
2. reason for delay
3. D assertion of right
4. prejudice to D
duty to disclose evidence that is:
1. favorable
2. material
3. goes to guilt/innocence
Pre-trial ID reliability factors
1. opprotunity to view D in act
2. witness attention
3. accuracy of description
4. level certainity demonstrated
5. time b/t crime and confrontation
subsequent in court id factors
1. observation of crim act
2. description of discrepancies
3. ID someone else in lineup
4. picture to ID b4 lineup
5. previous failure to ID
6. time b/t act and lineup
discriminatory preemptory challenge factors
1. D member of cognizable group
2. P excluded members of that group
3. ToC infers discrimination
4. no neutral explanation
Pre-trial ID excluded if
1. impermissibly suggestive, AND
2. unreliable
ineffective counsel factors
1. experience
2. tactics = incompetent action
3. D prejudiced
4. ineffectiveness caused by factors ouside counsel's control
critcal stages of criminal process
1. prelim hearing
2. interrogation
3. lineup/show up
4. trial
5. sentencing
6. plea
7. 1st appeal
ineffective counsel test
1. seriously deficient performance
2. prejudice (reasonable probability diff outcome)
per se prejudice (ineffective counsel)
1. total denial of counsel
2. no meaningful adversarial testing
3. even competent counsel couldn't have done that
elements of competence
1. investigation
2. presentation
consent of client required for:
1. testify or not
2. pleading guilty
3. jury or bench trial
4. appeal
self representation
1. warned of consequences
2. waiver was voluntary, competent, and unequivocal
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Author
Anonymous
ID
55038
Card Set
Crim Pro
Description
factors and such
Updated
2010-12-11T21:54:46Z
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