Criminal Law and Procedure Flashcards

Under the Sixth Amendment, the right to counsel attaches:

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

The Sixth Amendment right to counsel is offense-specific and attaches at the initiation of formal judicial criminal proceedings—indictment, information, arraignment, or preliminary hearing—not merely upon arrest.

To establish an ineffective assistance of counsel claim under Strickland v. Washington, a defendant must prove:

Answer: Counsel's performance fell below an objective standard of reasonableness AND a reasonable probability that, but for counsel's errors, the outcome would have been different

Strickland v. Washington requires both deficient performance—below an objective standard of reasonableness—and prejudice, meaning a reasonable probability the outcome would have differed but for the errors.

Under Barker v. Wingo's balancing test for Sixth Amendment speedy trial violations, which of the following is NOT one of the four recognized factors?

Answer: Whether the defendant formally requested dismissal of charges prior to trial

The four Barker v. Wingo factors are: length of delay, reason for delay, whether the defendant asserted the right to a speedy trial, and prejudice—not whether the defendant formally sought dismissal.

A witness gave a detailed recorded statement to police implicating the defendant and later refuses to testify at trial. The prosecution seeks to admit the prior statement under a hearsay exception. Under Crawford v. Washington, this statement is:

Answer: Inadmissible because the Confrontation Clause bars testimonial hearsay unless the defendant had a prior opportunity to cross-examine the unavailable declarant

Under Crawford v. Washington, the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable AND the defendant had a prior opportunity for cross-examination; post-crime police interviews are testimonial.

A defendant is charged with an offense carrying a maximum sentence of six months in jail. He demands a jury trial. Under Baldwin v. New York, the trial court:

Answer: May deny the jury trial request because offenses with a maximum of six months or less are 'petty' offenses not covered by the Sixth Amendment jury trial right

Under Baldwin v. New York, the constitutional right to jury trial applies only to 'serious' offenses; those carrying a maximum punishment of six months or less are 'petty' and do not require jury trials.

After indictment, police conduct a lineup to identify a robbery suspect without notifying or providing the defendant's attorney. A witness selects the suspect. Under United States v. Wade, the lineup identification:

Answer: May be excluded because a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to have counsel present

Under United States v. Wade, a post-indictment lineup is a critical stage of prosecution at which the defendant has a Sixth Amendment right to counsel; evidence from an uncounseled lineup may be suppressed.

A defendant charged with a felony insists on representing himself at trial despite the judge's warning that self-representation is unwise. Under Faretta v. California, the court:

Answer: Must allow self-representation if the defendant knowingly, voluntarily, and intelligently waives the right to counsel

Under Faretta v. California, a defendant has a Sixth Amendment right to self-representation and may waive appointed counsel, provided the waiver is knowing, voluntary, and intelligent.