Trial and Post-Trial Rights

Question 1

Exclusionary Rule of Evidence in Grand Jury Proceedings

Answer 1

DOES NOT APPLY!

May consider ANY evidence available to it in determining whether probable cause exists.

It’s not deciding guilt or innocense. The ONLY thing it is deciding, is whether or not there is probable cause to indict a D, to go to trial.

DO NOT apply rules of evidence to grand jury proceedings.

Question 2

Jury intructions: lower standards for an affirmative defense to place on the defendant.

Constitutional?

Jury intrusctions: lower standards that the defendant had a specific intent for an element of a crime. (shifts burden of proof to defendant vs. the prosecution)

Constitutional?

Answer 2

First: YES

Second: NO

Affirmative defenses to the criminal charge, the Supreme Court has held that the state can place the burden of proof on the defendant without violating the defendant’s constitutional rights.

Due process of law requires a state to prove each element of the crime charged beyond a reasonable doubt.