Ch 4: Pretrial Procedures

Question 1

What are the two types of eyewitness identification procedures?

Answer 1

Corporeal and noncorporeal

Corporeal identifications are in-person, while noncorporeal identifications use photo arrays.

Question 2

What is the Sixth Amendment right regarding post-indictment identifications?

Answer 2

A defendant is entitled to have counsel present at any post-indictment lineup or show-up.

Question 3

What is the burden of proof regarding the presence of counsel during post-indictment lineups?

Answer 3

The prosecution bears the burden of establishing that counsel was present.

Question 4

Can a defendant waive the right to counsel at a lineup?

Answer 4

Yes, provided that waiver is made knowingly and intelligently.

Question 5

What is the remedy for a violation of the right to counsel during a post-indictment identification?

Answer 5

Testimony about the identification is inadmissible at trial unless the prosecution shows independent reliability.

Question 6

Is there a right to counsel during noncorporeal identification procedures?

Answer 6

No, there is no right to counsel during a photo array identification.

Question 7

What due-process rights does a defendant have regarding suggestive identification procedures?

Answer 7

A defendant has a due-process right against impermissibly suggestive identification procedures.

Question 8

What is the two-prong test for admissibility of identifications?

Answer 8

1) Procedure was impermissibly suggestive; 2) Substantial likelihood of misidentification.

Question 9

Name one factor considered by the court when determining the reliability of a witness’s identification.

Answer 9

The witness’s opportunity to view the defendant at the time of the crime.

Question 10

What happens if a highly suggestive identification procedure is necessary?

Answer 10

It may not be considered impermissibly suggestive.

Question 11

What is a suppression hearing?

Answer 11

A hearing to determine the admissibility of an identification, typically held outside the jury’s presence.

Question 12

What is the consequence of admitting an illegal identification at trial?

Answer 12

The conviction will be overturned unless the appellate court finds it was a harmless error.

Question 13

What is a Gerstein hearing?

Answer 13

A preliminary hearing to determine whether probable cause exists to hold a defendant after arrest.

Question 14

What is the Fourth Amendment’s requirement regarding probable cause hearings?

Answer 14

A hearing must be held after arrest unless already determined by a grand jury or arrest warrant.

Question 15

What rights does a defendant have during an initial appearance?

Answer 15

The right to be informed of charges and rights, and to have counsel appointed if indigent.

Question 16

What occurs at an arraignment?

Answer 16

The court informs the defendant of charges and elicits the defendant’s plea.

Question 17

Is there an explicit constitutional right to bail?

Answer 17

No, but any denial of bail must comply with the Due Process Clause.

Question 18

What does the Bail Reform Act of 1984 govern?

Answer 18

Release or detention determinations in federal courts in criminal proceedings.

Question 19

What is the presumption regarding pretrial release?

Answer 19

There is a presumption in favor of pretrial release.

Question 20

What is the test for determining competency to stand trial?

Answer 20

Whether the defendant comprehends the nature of the proceedings and can consult with a lawyer.

Question 21

What must be shown for a defendant to receive antipsychotic drugs?

Answer 21

1) No serious side effects; 2) Necessary treatment; 3) Medically appropriate.

Question 22

How does the insanity defense differ from incompetency?

Answer 22

Insanity considers mental condition at the time of the crime; incompetency at the time of trial.

Question 23

What is required for a grand jury to issue an indictment?

Answer 23

Probable cause to charge the defendant with a crime.

Question 24

What is the nature of grand jury proceedings?

Answer 24

Nonadversarial and conducted in secret.

Question 25

Does a defendant have the right to counsel during grand jury proceedings?

Answer 25

No, the defendant has no right to counsel in the grand jury room.

Question 26

What power does the grand jury have?

Answer 26

Subpoena power to investigate matters and initiate criminal proceedings.

Question 27

Can hearsay evidence be used to support a grand jury indictment?

Answer 27

Yes, an indictment may be based on hearsay or illegally obtained evidence.

Question 28

What can a subpoena be quashed for?

Answer 28

If the opposing party demonstrates that the evidence sought is not relevant to the investigation ## Footnote A witness or defendant cannot challenge the subpoena based on the grand jury’s lack of probable cause.

Question 29

What type of evidence may a grand jury consider for an indictment?

Answer 29

Hearsay or illegally obtained evidence ## Footnote The grand jury is not restricted to hearing evidence that would be admissible at trial.

Question 30

Under what federal statute is information from an illegal wiretap inadmissible?

Answer 30

18 U.S.C. 2515 ## Footnote This statute prohibits the presentation of illegally obtained wiretap evidence to a grand jury.

Question 31

Can individuals be intentionally excluded from grand jury service based on race?

Answer 31

No ## Footnote Convictions based on indictments from racially discriminatory grand juries must be overturned.

Question 32

What must the prosecution disclose to the defendant?

Answer 32

Any material evidence favorable to the defendant that would negate guilt or diminish culpability or punishment ## Footnote This duty is grounded in the Due Process Clause.

Question 33

What are the two conditions for a failure to disclose evidence to be grounds for reversal?

Answer 33

* The evidence is favorable to the defendant * The failure to disclose caused prejudice against the defendant ## Footnote Prejudice means there is a reasonable probability of a different outcome had the evidence been disclosed earlier.

Question 34

Does the duty to disclose extend to impeachment evidence prior to a plea bargain?

Answer 34

No ## Footnote This duty does not extend to impeachment evidence before a plea agreement.

Question 35

What case established the duty to disclose favorable evidence?

Answer 35

Brady v. Maryland, 373 U.S. 83 (1963) ## Footnote This case highlights the prosecution's affirmative duty to disclose exculpatory evidence.

Question 36

True or False: A conviction can stand if the exclusion of jurors based on race is deemed a harmless error.

Answer 36

False ## Footnote A conviction must be overturned regardless of whether the exclusion is harmless.

Question 37

What is the consequence of failing to disclose evidence, regardless of intent?

Answer 37

It violates the Due Process Clause and is grounds for reversal ## Footnote The defendant must show that the evidence was favorable and that its absence caused prejudice.

Question 38

What are corporeal identifications?

Answer 38

Identifications done in person (e.g., lineups) ## Footnote Corporeal identifications involve directly observing a suspect in a physical lineup setting.

Question 39

What are noncorporeal identifications?

Answer 39

Identifications not done in person (e.g., photo arrays) ## Footnote Noncorporeal identifications typically involve visual identification through photographs or video.

Question 40

When does the Sixth Amendment Right to Counsel apply at lineups?

Answer 40

At corporeal identifications that occur post-indictment ## Footnote The right does not apply to pre-indictment lineups or noncorporeal identifications.

Question 41

What happens if the Sixth Amendment right to counsel is violated?

Answer 41

The identification is inadmissible, but the witness can identify the defendant at trial if the in-court identification has independent reliability ## Footnote Independent reliability refers to the witness's ability to identify the defendant based on their own recollection, independent of the earlier identification process.

Question 42

What is the two-prong test for determining impermissibly suggestive identification procedures?

Answer 42

1. The identification was impermissibly suggestive. 2. There was a substantial likelihood of misidentification. ## Footnote This test assesses both the suggestiveness of the identification and the risk of wrongful identification.

Question 43

What must occur under the Fourth Amendment after a defendant's arrest?

Answer 43

A preliminary hearing must be held to determine whether probable cause exists to hold the defendant ## Footnote This is unless a Gerstein hearing has already made that determination.

Question 44

What are some examples of preliminary proceedings?

Answer 44

* Initial appearance * Arraignment * Detention or bail hearing ## Footnote These proceedings are essential steps in the criminal justice process following an arrest.

Question 45

Is there a constitutional right to bail?

Answer 45

No, but denial of or excessive bail must comply with the Due Process Clause ## Footnote This means that while bail is not guaranteed, it cannot be arbitrarily denied or set at an excessive amount.

Question 46

What is required for a defendant to be deemed competent to stand trial?

Answer 46

The defendant must comprehend the nature of the proceedings and be able to consult with a lawyer with a reasonable degree of rational understanding ## Footnote Competency ensures that defendants can participate meaningfully in their defense.

Question 47

What rights does a defendant have at a grand jury proceeding?

Answer 47

No right to present witnesses, confront witnesses, or introduce evidence ## Footnote The grand jury process is secretive, and the defendant's rights are limited compared to a trial.

Question 48

What happens if there is intentional racial discrimination in the selection of grand jurors?

Answer 48

It will result in the overturning of the conviction ## Footnote Racial discrimination undermines the fairness of the judicial process.

Question 49

Do grand jury witnesses have a right to counsel in the grand jury room?

Answer 49

No, but they may leave the room to consult with their lawyers ## Footnote This limitation is designed to preserve the secrecy of the grand jury proceedings.

Question 50

Can grand juries consider illegally obtained evidence?

Answer 50

Yes, they can consider illegally obtained evidence and hearsay evidence ## Footnote This broad scope allows grand juries to evaluate all information available to determine probable cause.

Question 51

Will a case be dismissed due to a procedural defect in a grand jury proceeding?

Answer 51

Not unless it substantially impacted the grand jury’s decision to indict ## Footnote This standard ensures that only significant procedural issues affect the outcome of the indictment.

Question 52

What is the state's duty to disclose evidence?

Answer 52

The state must disclose any material evidence that is favorable to the defendant, relevant to the prosecution’s case-in-chief, and would negate the defendant’s guilt or diminish culpability ## Footnote Failure to disclose such evidence is grounds for reversal if it prejudiced the defendant.