Trial Rights & Procedures

Question 1

Grand Jury Proceedings & Indictments - General

Answer 1

Grand juries are required in fed. court under the 15th Amend and are used to determine whether there is sufficient probable cause to bring charges against a suspect

• Prosecution present their cases to the grand jury, which votes to issue an indictment if they find probable cause

Question 2

Grand Jury Proceedings - Characteristics (6)

Answer 2

1. Secret
2. Suspect has no right to confront witnesses or attend proceedings
3. Witnesses are not entitled Miranda warnings
4. Witnesses may not challenge a subpoena
5. Witnesses do not have right to counsel inside a grand jury
6. Exclusionary Rule does not apply (indictment can be based on evidence that is inadmissible at trial)

Question 3

Grand Jury Proceedings & Indictments - 5th Amend Privilege

Answer 3

Witnesses can refuse to testify for fear of self-incrimination

• Immunity: prosecutors can grant immunity in some form (i.e. use or derivative -use immunity) in exchange for potentially incriminating testimony

Question 4

Pretrial (preliminary) Hearing - Required if (2)

Answer 4

May be required to determine if there is probable cause to detain the suspect

Required if:

1) D is incarcerated or released on bail (i.e. does not apply if D is released on sole condition that she appear for trial)

2) There has been no determination of probable cause (e.g. not required if arrest was made with warrant

Must occur within 48 hours of detention, if required

Question 5

Bail - General and What Must be Shown for Denial (2)

Answer 5

Cannot be higher than necessary to ensure D will appear at trial

• Detention without bail is constitutional but a decision to refuse bail is immediately appealable; arbitrary denial of bail violates due process

For denial of bail, govt. must show either:

a) D poses a flight risk; OR
b) D poses a danger to the community

Question 6

Right to Speedy Trial

Answer 6

6th Amend protects D from unreasonable delay between the time charges are filed and the beginning of trial

• Right attaches once D has been arrested or charged

Question 7

Right to Speedy Trial - Violations

Answer 7

Determined by the totality of the circumstances

Factors: Length of delay and reason for delay (e.g. did D cause delay?), if D has prejudiced D, whether D asserted right

Question 8

Right to Speedy Trial - Remedy for Violation

Answer 8

Dismissal of case with prejudice

Question 9

Plea Bargains - General

Answer 9

A D may enter a plea bargain, but doing so waives his 6th Amend right to jury trial

Question 10

Plea Bargains - Requirements for Valid PB (2 but part 2 has 4 parts)

Answer 10

1) Determine Plea is voluntary and intelligently made; and

2) Ensure that D understands:

a) nature of the charge and its critical elements

b) Maximum authorized penalty and any mandatory sentence

c) That D has a right to plead not guilty

d) That D is waiving his right to a jury trial

Question 11

Appellate Courts will not Disturb Valid Pleas Unless (4 Reasons)

Answer 11

1) Plea was made involuntarily (e.g. due to misunderstanding)

2) The court that took the plea lacked jurisdiction

3) D had ineffective assistance of counsel, or

4) The prosecutor failed to honor the plea

Question 12

Contract Theory of Plea Bargaining

Answer 12

Pleas will be enforced against both parties, but the judge is not required to accept or adhere to the agreement

The prosecutor can threaten D with a more serious crime than he was initially charged with and even follow through on such threats if D does not accept plea

Question 13

Disclosure of Exculpatory Information - General

Answer 13

Govt. has a duty to disclose material exculpatory evidence to D

• Failure to disclose violates due process, whether intentional or not
• Violation is grounds for reversing conviction

Question 14

Disclosure of Exculpatory Information - Establishing Violation (3)

Answer 14

D must show:

1) Evidence impeaches or its exculpatory;

2) Evidence is favorable to D; and

3) Prejudice has resulted – will be found if there is a reasonable probability the result of the case would have been different if the undisclosed evidence had been presented at trial

Question 15

Disclosure of Exculpatory Information - Applicability of Duty to Disclose

Answer 15

Applies to evidence relevant to prosecution’s case in chief

Duty does not apply to post-conviction proceedings

Question 16

Right to a Jury Trial

Answer 16

6th Amend provides right to a jury trial for all “serious offenses”

D has a right to be present for all critical stages (e.g. jury selection)

Question 17

Serious Offense Definition

Answer 17

Potential imprisonment for more than 6 months

Question 18

Jury Size and Unanimity

Answer 18

Must contain at least 6 jurors

Unanimous verdict is required for all serious offenses

Question 19

Jury Composition Requirements

Answer 19

The jury pool must be be a representative cross-section of the community

• The chosen jury does not have to be representative

Question 20

Right to an Impartial Jury

Answer 20

D can question potential jurors on possible prejudices if relevant to the case (e.g. racial biases feelings on the death penalty)

Jurors can be struck for cause if their views would prevent or substantially impair them from performing their duties

Question 21

Peremptory Challenges

Answer 21

Parties may exercise peremptory challenges for any reason except

Question 22

Peremptory Challenges Exception

Answer 22

Cannot be used to exclude jurors on account of race or gender (violates equal protection)

Question 23

Right to Jury - Directed Verdicts

Answer 23

Judge cannot direct guilty verdict but may direct acquittal

Question 24

Right to Confront Witnesses - General

Answer 24

6th Amend gives D the right to confront adverse witnesses

Question 25

Right to Confront Witnesses - Confrontation

Answer 25

D has a right to have adverse witnesses testify in-person and subject to cross-examination

Question 26

Right to Confront Witnesses - 2 Situations In-person Testimony is not Required

Answer 26

In-person Testimony not required if:

1) Exclusion is necessary for public policy; and

2) D can be removed from court for disruptive behavior

Question 27

Right to Confront Witnesses - Co-defendant Confessions

Answer 27

A co-D’s confession implicating D is inadmissible against D at a joint jury trial (OK at bench trial)

Question 28

Right to Confront Witnesses - Co-Defendant Confessions (Exceptions - 4)

Answer 28

1) Confessing co-D testifies subject to cross-examination,

2) Ds have separate trials,

3) Confession is redacted so that all portions referring to the co-D are eliminated, or

4) Co-D’s confession is used to rebut D’s claim that his confession was obtained coercively