Pretrial and trial proceedings

Question 1

at grand jury proceedings - do witnesses have right to Miranda or counsel?

Answer 1

No

Question 2

at grand jury proceedings - do D’s have right to appear/send in witnesses?

Answer 2

no. proceedings are secret

Question 3

at grand jury proceedings - can indictment be based on evidence that would be inadmissible?

Answer 3

yes

Question 4

prosecutor duty to disclose exculpatory evidence is grounds for reversing conviction if

Answer 4

1) evidence is favorable to D AND

2) prejudice has resulted (reasonable probability the result would have been different had evidence been disclosed)

Question 5

right to trial by jury atattches to what offenses?

Answer 5

maximum authorized sentence EXCEEDS 6 months

Question 6

how many jurors?

Answer 6

minimum 6 - must be unanimous

Question 7

right to impartial jury applies to

Answer 7

jury POOL reflect fair cross section (no right to have the actual jury reflect a fair cross section)

Question 8

standard to determine whether prospective juror should be excluded for cause:

Answer 8

jurors views would prevent/substantially impair jurors duties

Question 9

D may waive right to counsel if

Answer 9

1) waiver is knowing and intelligent

2) D is competent to proceed pro se (trial judge discretion)

Question 10

right to effective counsel - ineffective when

Answer 10

1) deficient performance by counsel

2) but for the deficiency, there is a reasonable probability that the result of the proceeding would have been different

*must specify particular errors of counsel!

Question 11

right to confront witnesses - when not in violation?

Answer 11

preventing such confrontation serves an important public purpose

the reliability of the witness testimony is otherwise assured

(ex. child confronted by abuser - can testify in adjacent room over video)

Question 12

effect of a disruptive defendant on the right to confrontation

Answer 12

may be removed from the courtroom - relinquishes right to confrontation

Question 13

confession implicating a codefendant is

Answer 13

prohibited and inadmissible at their trial.

Question 14

prior testimonial evidence not admitted unless

Answer 14

1) declarant unavailable AND

2) D had opportunity to cross-examine declarant at time statement was made

Question 15

burden of proof for affirmative defenses

Answer 15

shifts burden of proof to D