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76. Did the court's jury selection process violate the defendant's federal constitutional rights?
A man was charged with first-degree murder. Two lawyers were appointed to represent him because the prosecution planned to seek the death penalty. On the first day of trial, the air-conditioning malfunctioned in the courtroom, so the judge directed that the selection of the jurors take place in his chambers. Because of the large number of potential jurors, the judge directed that only one lawyer for the prosecution and one for the defense participate in the jury selection process. The defendant remained in the courtroom during the questioning of the jurors. Once the jury was selected, the trial was postponed until the next day, when the air-conditioning was again working.
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D is correct. The issue here is whether the defendant had the right to be present for jury selection. FRCP 43 ensures that the defendant has the right to be present at every stage of trial following the initiation of formal proceedings, which includes jury selection. Because the defendant was not present in the judge's chambers for jury selection, his constitutional rights were violated.
A is incorrect. The defendant's right to confront witnesses is not the applicable rule. Rather, what is at issue is the defendant's right to be present at this stage of the trial process under FRCP 43. Under Rule 43, it is required that the defendant be present during every stage, including jury selection.
B is incorrect. As stated above, according to FRCP 43, the defendant must be present for jury selection. One exception to this rule is the defendant need not be present for stages of trial for a misdemeanor offense. Here, the defendant is charged with first degree murder, which is a felony, not a misdemeanor. This does not meet the «good cause» requirement that would permit his absence from jury selection.
C is incorrect. This answer reaches the correct answer with the wrong reasoning. According to FRCP 43, the defendant must be present for jury selection. The issue here is not the defendant's presumption of innocence, but rather, his right to be present during jury selection.