CPL - Session 7 Flashcards
If a city, town, or village court judge has died or become disabled where can the case get reassigned to and who can perform this action?
- County court judge
- Can reassign to a local criminal court of the same county
What are the time tables for adjurnment in contemplation of dismissal?
Case dismissed if defendant does not pick up additional cases in the listed time frames:
* Marijuana cases- Max 1 year
* Family offense- Max 1 year
* All others- Max 6 months
What is the definition of a grand jury?
- A grand jury is impaneled by a superior court and consists of not less than 16 and not more than 23 persons.
- Its function is to hear evidence concerning offenses and misconduct, non-feasance and neglect in public office
12 must concur for the grand jury to take offical action
True or False: Grand jury proceedings are adversarial.
False
Discuss the rules of secrecy for grand jury proceedings
- Deliberations and voting are secret (except in the case of a hearing impaired grand juror, then an aid may be present who is not on the jury)
- Proceedings are also secret
- A witness or his attorney may divulge his own testimony
Who can be present during grand jury proceedings in addition to witnesses?
- District Attorney
- Clerk
- Stenographer
- Interpreter
- Public servants holding a witness in custody
- Attorney representing a witness
- Video operator
- Social worker
- Victim
What powers does a grand jury possess?
- Its proceedings are secret
- It can compel testimony
What happens if a witness is compelled to testify before a grand jury?
The witness cannot invoke Fifth Amendment privileges because immunity is conferred.
Under what conditions is immunity not conferred to a witness?
- Immunity is waived by the witness
- Evidence is gratuitously given
- The evidence constitutes books or records in response to a subpoena
If an individual waives immunity and appears before a grand jury do they have the assitance of an attorney?
The attorney may advise the witness but may not otherwise take part in the proceedings
What are the possible actions a grand jury can take?
- Indict
- Direct D.A. to file Prosecutor’s Information
- Direct D.A. to request to remove action to Family Court
- Dismiss the charges
- File a grand jury report
What are the potential findings of a grand jury report?
- Finding of misconduct, non-feasance, or neglect in public office by a public servant which can serve as the basis of removal or disciplinary action
- Clearing a public servant after a public servant has requested the report
- Proposing legislative, administrative or executive action on the public servant
What is automatic discovery in criminal procedure?
Items/evidence that have to be turned over to or by a prosecutor, defense attorney, or to the court.
When is automatic discovery required if the defendant is:
* in custody
* not in custody
- In custody: No later than twenty (20) days after arraignment.
- Not in custody: No later than thirty-five (35) days after arraignment.
What must be included in automatic discovery?
Everything potentially relevant, inculpatory and/or exculpatory.
What is the purpose of a Notice of Alibi?
To inform the D.A. if the defendant intends to offer an alibi.
- Served by the prosecutor to the defendant max 20 days after arraignment
- Response served by defendant on DA max 8 days from receipt of notice if they intend to use an alibi
What are the steps in the order of jury trial proceedings?
- Jury selected and sworn
- Court delivers preliminary instructions
- People deliver opening statement
- Defendant may deliver opening statement
- People offer evidence
- Defendant may offer evidence
- Rebuttal evidence
- Summation by defendant
- Summation by people
- Court delivers charge to jury
- Jury deliberates and returns a verdict.
What must be made available to the victim or their family by the prosecutor prior to sentencing?
The ability to provide victim impact statements.
What must happen to a juvenile under the age of sixteen when committed?
Youths 15 or younger charged criminally (Juvenile Offenders) must be taken to and lodged in a place certified by the Office of Children and Family Services.
