Pre-trial procedures

Question 1

grand jury indictment

Answer 1

a written accusation stating charges against a D issued by a grand jury after it reviews prosecution’s evidence

Question 2

A grand jury is not an adversarial hearing, it is an investigatory took. Thus:

Answer 2

1) d has no right to be present and no right to assistance of counsel
2) prosecution presents evidence to grand jury without confrontation process
3) prosecution has no obligation to present clearly exculpatory evidence to grand jury
4) no miranda warning needed

Question 3

Bail Hearing

Answer 3

Defendant is entitled to individualized hearing to determine whether bail should be granted or denied. No constitutional right to bail, but if appropriate, may not be excessive

Question 4

Plea bargaining:

Answer 4

D may be convicted based only upon his plea. Please must be voluntary and intelligent and D must be informed of the general nature of offense he is pleading guilty to.