8) Misc

Question 1

indictment: def

Answer 1

written accusation w charge against D, issued by Grand Jury after reviewing prosecution’s evidence

Question 2

GJ: rights of target

Answer 2

NO right to be present
NO right to atty
NO confrontation
NO miranda warnings

YES 5A PASI

Question 3

GJ: exculpatory evidence

Answer 3

prosecution has no obligation to inform GJ

Question 4

bail hearing: rights

Answer 4

D is entitled to individualized hearing to determine if bail should be granted or denied

NO right to bail

Question 5

bail: amt

Answer 5

IF bail is appropriate, it may not be excessive (more than nec to secure presence at trial)

Question 6

plea bargaining / conviction (exception)

Answer 6

plea is enough evidence to convict, except Alford plea (then need more evidence)

Question 7

Alford plea: def

Answer 7

D pleads guilty w/o admitting guilt

Question 8

plea must be:

Answer 8

voluntary and intelligent
(not knowing)

inc waiver of rights (trial by jury, confrontation, compulsory process, self-incrime, presumption of innocence)

Question 9

plea: “intelligent” def

Answer 9

accused must be informed of general nature of offense pleading guilty to

Question 10

right to speedy trial: const basis

Answer 10

6A

Question 11

right to speedy trial: remedy

Answer 11

for fed const violation: dismissal w prejudice

state may have statute w other rights

Question 12

speedy trial: clock starts

Answer 12

when D is:

1) accused by formal charging instrument OR
2) arrested + held to answer for a crime

(very rare cases could be DP issue for pre-arrest delays)

Question 13

violation of speedy trial right: test

Answer 13

factors

1) length of delay
2) reason for delay
3) demand for speedy trial?
4) prejudice to D (most important–REQUIRED)

Question 14

speedy trial: length of delay: amt

Answer 14

more than 1 year –> triggers inquiry

Question 15

speedy trial: length of delay: exception

Answer 15

Defense requested delays (inc motions) are excluded

Question 16

speedy trial: reason for delay

Answer 16

“good” reason: prosecution had no control over

bad reason = prosecution could have avoided by due diligence

Question 17

speedy trial: demand for speedy trial

Answer 17

not filing one tends to show that D did not consider delay prejudicial

but filing one is not required

Question 18

speedy trial: prejudice to D: types

Answer 18

1) anxiety
2) oppressive pre-trial incarceration
3) degradation of evidence compromising the accuracy of the trial

(weakest to strongest)

Question 19

discovery / DP

Answer 19

violates DP if prosecution does not disclose evidence to D that is BOTH favorable AND material

Question 20

discovery: favorable: trigger of disclosure

Answer 20

depends on if D made dy rq or not

Question 21

discovery: favorable: trigger of disclosure: D made dy rq

Answer 21

any evidence that would tend to help D = “favorable”

Question 22

discovery: favorable: trigger of disclosure: D DID NOT make dy rq

Answer 22

only evidence that is clearly exculpatory = “favorable”

Question 23

discovery/DP: result

Answer 23

if P fails to disclose favorable + material evidence, D is entitled to new trial (or sentencing–depends on where evidence was relevant)

Question 24

discovery/DP “material” def

Answer 24

evidence would have created a reasonable probability of a different outcome (ie reasonable doubt)

Question 25

discovery/DP: when triggered

Answer 25

not by plea bargaining or agreement

Question 26

discovery/DP: destruction of evidence

Answer 26

only violates DP if D can show bad faith. negligence/recklessness not sufficient

Question 27

right to counsel: what cases

Answer 27

any case that results in confinement | actual result, not potential result

Question 28

ineffective assistance of counsel: for new trial must prove

Answer 28

1) counsel was ineffective AND | 2) had she been effective, reasoanble probability that outcome woudl have been different

Question 29

ineffective assistance of counsel: "ineffective" def

Answer 29

fell below minimum standard of L-conduct

Question 30

jury trial: what kinds of cases?

Answer 30

any crim proceeding where D faces a potential sentence of LONGER THAN 6 mo (triggered by potential, not actual)

Question 31

jury trial: potential sentence of 6 mo...

Answer 31

1) must be longer than (not same as) | 2) can't add up minor offenses to get to 6 mo

Question 32

jury makeup: distinguish btwn

Answer 32

jury POOL vs | petit (actual trial) jury

Question 33

jury POOL rights

Answer 33

D has right to jury pool that reflects fair cross-section of ethinc and gender demographic of community

Question 34

jury POOL: result

Answer 34

if D can show that a group was "systematically excluded" from jury pool, gets new trial

Question 35

petit jury: rights

Answer 35

no right to fair cross-section but, using peremptory challenges to exclude jurors based on race or gender violates EPC, must offer neutrla basis for the challenge or will be denied

Question 36

confrontation: const basis

Answer 36

6Am

Question 37

confrontation: def

Answer 37

D has right to confront witnesses and evidence against him

Question 38

confrontation right triggered by

Answer 38

ONLY by testimonial evidence

Question 39

testimonial: def

Answer 39

sts made in context where RP wit would expect st to be used in crim trial

Question 40

testimonial: exs

Answer 40

YES: wit telling police/911 what HAS HAPPENED in past (investigation) NO: wit telling police/911 what is happening now (responding to ongoing emergency

Question 41

confrontation: if testimonial

Answer 41

then must subject wit to "adversarial testing"

Question 42

adversarial testing: def

Answer 42

testimony under oath, subject to cross-exam | actual cross-exam not required

Question 43

doulbe jeopardy: const basis

Answer 43

5A "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb" 14DPC -- applies to states

Question 44

DJ: rule

Answer 44

(to dismiss charge based on violation of DJ, must prove): has been in jeopardy before --for same offense --by same sovereign

Question 45

DJ: when attaches

Answer 45

non-jury trial: 1st wit sworn, court begins to hear evidence jury trial: jury is impaneled + sworn

Question 46

same offense

Answer 46

--occured out of same transaciton UNLESS 1) each charge requires proof of a separate crim impulse (separate V in single transaction), or 2) each charge requires proof of a separate factual element

Question 47

same sovereign req: result

Answer 47

can be tried consecutively by state and fed for same thing