Right to trial by jury Bar Exam Flashcards - Medical Study Cards
Master Right to trial by jury with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Right to trial by jury Flashcard Deck - 10 Cards
Flashcard 1: What must a defendant prove to establish ineffective assistance of counsel?
Answer: Under Strickland, the defendant must show that counsel’s performance fell below an objective standard of reasonableness and that the deficiency prejudiced the defense. Prejudice requires a reasonable probability that, without the error, the result would have been different.
Flashcard 2: What constitutional standard determines whether a confession is involuntary?
Answer: Under the Due Process Clause, a confession is involuntary if police coercion overcame the suspect’s will, judged under the totality of the circumstances. Coercive police conduct is required; the suspect’s personal vulnerabilities alone are insufficient.
Flashcard 3: What are the principal Eighth Amendment protections relevant to a criminal defendant?
Answer: Bail may not be excessive in relation to the government’s legitimate interests, and punishment may not be cruel and unusual or grossly disproportionate under the applicable proportionality rules. The Eighth Amendment also prohibits excessive fines.
Flashcard 4: What does the Fifth Amendment privilege against self-incrimination protect, and what may the government still compel?
Answer: It protects a person from being compelled to provide testimonial, incriminating communication, but it does not protect non-testimonial physical evidence such as fingerprints, handwriting samples, or DNA. The privilege applies in criminal proceedings and to compelled testimony that could reasonably be used in a criminal prosecution.
Flashcard 5: When does the Sixth Amendment Confrontation Clause bar prosecution use of an out-of-court statement?
Answer: Under the majority rule, the Clause bars a testimonial statement by an unavailable witness unless the defendant had a prior opportunity to cross-examine the witness, subject to forfeiture by wrongdoing. It generally does not bar nontestimonial statements.
Flashcard 6: What is required for a valid Miranda waiver after custodial interrogation begins?
Answer: Before custodial interrogation, police must advise the suspect of the rights to remain silent and to counsel, and the suspect must knowingly, intelligently, and voluntarily waive those rights. A statement obtained after an unambiguous invocation of counsel generally may not be used in the prosecution’s case-in-chief unless counsel is present.
Flashcard 7: When does the Sixth Amendment right to counsel attach, and what proceedings are covered?
Answer: The right attaches when adversarial judicial proceedings begin, such as formal charge, indictment, arraignment, or first appearance, and applies at critical stages where substantial rights may be affected. It is offense-specific, so police may question a represented defendant about an unrelated offense unless another protection applies.
Flashcard 8: When does double jeopardy attach, and what does it generally prohibit?
Answer: Double jeopardy attaches when the jury is sworn, or in a bench trial when the first witness is sworn. It generally bars a second prosecution for the same offense after acquittal or conviction, subject to exceptions such as a mistrial for manifest necessity and the separate-sovereigns rule.
Flashcard 9: What factors govern a defendant’s Sixth Amendment speedy-trial claim?
Answer: Under Barker v. Wingo, courts balance the length of the delay, the reason for the delay, the defendant’s assertion of the right, and prejudice to the defense. A violation generally requires dismissal of the charges, not merely suppression of evidence.
Flashcard 10: What test determines whether two offenses are the “same offense” for double-jeopardy purposes?
Answer: Under the majority Blockburger test, offenses are different only if each requires proof of a fact the other does not; a lesser-included offense is the same offense as the greater offense. The prosecution generally may not impose cumulative punishment for the same offense unless the legislature clearly authorizes it.
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