Pretrial, trial, and pleas Flashcards
(43 cards)
Detaining defendant and preliminary hearing
A defendant’s liberty can be restricted only on a finding of probable cause
If probable cause has already been determined, no preliminary hearing to determine probable cause need be held
If probable cause has not already been determined and there are significant constraints on an arrestee’s liberty, a preliminary hearing to determine probable cause must be held within a reasonable time
- 48 hours
Grand jury requirement
Fifth Amendment right to indictment by grand jury has not been incorporated into the fourteenth amendment but some state constitutions require grand jury indictment
Grand jury - secrecy and defendant’s access
Grand jury proceedings are conducted in secret
Def has no right to notice that the grand jury is considering an indictment against them, to be present and confront witnesses at the proceeding, or to introduce evidence before the grand jury
Grand jury - miranda and counsel
A witness subpoenaed to testify before the grand jury does not have the right to receive Miranda warnings nor is a witness entitled to a warning that they are a potential defendant when called to testify before the grand jury
Witnesses have no right to have an attorney present
Grand jury - evidence excluded
A grand jury may base its indictment on evidence that would be inadmissible at trial
An indicated defendant cannot have the indictment quashed on the ground that it is based on illegally obtained evidence
Grand jury - challenge subpoena
No right to challenge a subpoena on the fourth amendment grounds that the grand jury lacked probable cause - or any reason at all - to call a witness for questioning
Grand jury - exclusion of minorities
A conviction resulting from an indictment issued by a grand jury from which members of a minority group have been excluded will be reversed without regard to harmlessness of error
About the only defect sufficient to quash a grand jury indictment
Speedy trial standard and remedy
A determination of whether a defendant’s Sixth Amendment right to a speedy trial has been violated is made by an evaluation of the totality of the circumstances
Factors
- length of delay
- reason for delay
- whether defendant asserted their right, and
- prejudice to defendant
Remedy is dismissal with prejudice
When right to speedy trial attaches
Does not attach until the defendant has been arrested or charged
Defendant does not need to know of the charges for the speedy trial rights to attach
Duty to disclose exculpatory evidence
The government has a duty to disclose material, exculpatory evidence to the defendant
Failure to disclose, whether willful or inadvertent, violates due process
Failure to disclose exculpatory evidence and reversal
Failure to disclose is grounds for reversing a conviction if the defendant can prove that
- the evidence is favorable to the defendant because it either impeaches or is exculpatory, and
- prejudice has resulted - reasonable probability that the result of the case would have been different if the undisclosed evidence had been presented at trial
Incompetency to stand trial
Not a defense to the charge, but rather is a bar to trial
Based on the defendant’s mental condition at the time of trial
If the defendant later regains competency, they can then be tried and convicted
Incompetent to stand trial if they either
- lack a rational as well as factual understanding of the charges and proceedings, or
- lack sufficient present ability to consult with their lawyer with a reasonable degree of understanding
Can require defendant to prove by preponderance of evidence but requiring def to show it by clear and convincing evidence is unconstitutional
Public trial
Press and public have a first amendment right to attend the trial, even when prosecution and defense agree to close it
State can permit televising criminal proceedings over defendant’s objection
Right to unbiased judge
Due process is violated if the judge is shown to have actual malice against the defendant or to have had a financial interest in having the trial result in a guilty verdict
- not actual malice if judge says “if i see you again, I will give you max sentence” and does see again
Impermissible bias when a judge earlier had significant, personal involvement as a prosecutor in a critical decision regarding the defendant’s case
Due process - jury gave evidence reasonable consideration
Due process violation if the trial is conducted in a manner making it unlikely that the jury gave the evidence reasonable consideration
Due process - defendant in prison clothing / shackled
Due process is violated if the state compels the defendant to stand trial in prison clothing
Or compels def to stand trial or appear at penalty phrase proceedings visibly shackled, unless court finds the shackling justified by concerns about courtroom security or escape
Due process - police preserving evidence
Due process does not require the police to preserve all items that might be used as exculpatory evidence at trial, but does prohibit bad faith destruction
Right to jury trial
No constitutional right to jury trial for petty offenses, only for serious offenses
An offense is serious if imprisonment for more than six months is authorized
No right to jury trial in juvenile delinquency proceedings
Must be at least 6 jurors and jury verdicts must be unanimous
Right to jury - selected jurors
A defendant has a right to have the jury selected from a representative cross-section of the community
Defendant need only show the underrepresentation of a distinct and numerically significant group in the venire to show their jury trial right was violated
No right to proportional representation of all groups in a particular jury
Peremptory challenges to jury
Generally, a prosecutor may exercise peremptory challenges for any reason but equal protection clause forbids the use of peremptory challenges to exclude potential jurors solely on account of their race or gender
Equal protection-based attack on peremptory strikes
Three steps
- defendant must show facts or circumstances that raise an inference that the exclusion was based on race or gender
- upon such a showing, the prosecutor must come forward with a race-neutral explanation for the strike (even unreasonable explanation is sufficient as long as race-neutral)
- the judge then determines whether the prosecutor’s explanation was the genuine reason for striking the juror, or merely a pre textual for purposeful discrimination
Juror excluded for cause
Standard for determining whether a prospective juror should be excluded for cause is whether the juror’s views would prevent or substantially impair the performance of their duties in accordance with their instructions and oath
Right to question juror on racial bias
A defendant is entitled to questioning on voir dire specifically directed to racial prejudice whenever race is bound up in the case or the defendant is accused of an interracial capital crime
Right to counsel
Defendant has a right to counsel and violation of this at trial, including erroneous disqualification of the defendants privately retained counsel, requires reversal
For non trial denials, harmless error test
But only in felony and misdemeanor cases that imprisonment is actually imposed
