Criminal Procedure Flashcards

Under Strickland v. Washington, a defendant alleging ineffective assistance of counsel must prove:

Answer: That counsel's performance was deficient and the deficiency prejudiced the outcome

Strickland requires proof that (1) counsel's performance fell below an objective standard of reasonableness, and (2) there is a reasonable probability the outcome would have differed but for those errors.

Under the Barker v. Wingo balancing test for Sixth Amendment speedy trial claims, courts weigh all of the following EXCEPT:

Answer: Whether the defendant had retained or appointed counsel

Barker v. Wingo's four-factor balancing test considers: length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant—not the type of counsel.

The Confrontation Clause of the Sixth Amendment primarily guarantees a criminal defendant the right to:

Answer: Cross-examine witnesses who testify against them

As refined in Crawford v. Washington, the Confrontation Clause ensures a defendant's right to confront and cross-examine adverse witnesses.

The Sixth Amendment right to a jury trial attaches to criminal offenses punishable by:

Answer: More than six months' imprisonment

The right to jury trial applies to 'serious' offenses—those carrying a potential sentence of more than six months' imprisonment; petty offenses do not trigger this right.

The Sixth Amendment right to counsel attaches:

Answer: At the initiation of formal criminal proceedings such as indictment or arraignment

The Sixth Amendment right to counsel attaches at the commencement of formal adversarial proceedings—indictment, information, arraignment, or preliminary hearing—not merely upon arrest.

Joinder of multiple offenses in a single prosecution is proper when the charges are:

Answer: Of the same or similar character, based on the same act, or connected in a common scheme or plan

Offenses may be joined when they are of the same or similar character, based on the same act or transaction, or connected in a common scheme or plan.

The Sixth Amendment's Compulsory Process Clause grants a defendant the right to:

Answer: Subpoena and compel attendance of favorable witnesses

The Compulsory Process Clause gives defendants the right to subpoena witnesses and compel their attendance to testify on behalf of the defense.