13. Trial Rights and Procedures Flashcards
Grand Jury Proceedings & Indictments
o Grand juries are required in federal court under the 5th amendment and are used to determine whether there is sufficient probable cause to bring charges against a suspect
♣ Prosecutors present their cases to the grand jury which votes to issue an indictment if they find probable cause
o Grand jury proceedings
♣ Secret
♣ Suspect has no right to confront witnesses or attend proceedings
♣ Witnesses are not entitled to Miranda warnings
♣ Witnesses may not challenge a subpoena BUT they may refuse to testify under the 5th amendment
Pretrial Hearings
♣ May be required to determine if there is probable cause to detain the suspect
♣ Required if:
• 1. D is incarcerated or released upon posting bail
• 2. There has not been a grand jury or other judicial determination of probable cause
• 3. If required, must occur within 48 hours of detention
Bail
Must be set no higher than necessary to ensure D will appeal at trial
• For denial of bail, government must show either:
o 1. D poses a flight risk or
o 2. Poses a danger to the community
Any decision to refuse bail is immediately appealable
Plea Bargains
Requirements for valid plea bargain, judge must:
♣ 1. Determine plea is voluntary and intelligently made; and
♣ 2. Ensure that D understands:
• Nature of the charge and its critical elements
• Maximum authorized penalty and any mandatory sentence
• That D has a right to plead not guilty
• That D is waiving his right to a jury trial
A D may enter a plea bargain but doing so waives his ________ .
A D may enter a plea bargain but doing so waives his 6th Amendment right to a jury trial
Appellate courts will not disturb valid pleas unless:
♣ 1. Plea was made involuntarily
♣ 2. Court that took the plea lacked jurisdiction
♣ 3. D had ineffective assistance of counsel
♣ 4. Prosecutor failed to honor the plea
Contract theory of plea bargaining
♣ Judge is not required to accept plea
♣ The prosecutor can threaten D with a more serious crime than he was initially charged with and even follow through if D does not accept plea.
Right to Speedy Trial
6th Amendment guarantees D right to speedy trial
♣ right attaches once D has been arrested or charged
♣ Protects D from unreasonable delay between time charges are filed and beginning of trial
Violations to Speedy Trial
♣ Determined by the totality of the circumstances
♣ Court looks at:
• 1. Length of delay
• 2. Reason for delay – did D contribute to the delay
• 3. Whether D asserted his right to a speedy trial
• 4. Whether the delay has prejudiced D
Remedy for violation to speedy trial
• Dismissal of case with prejudice
Right to Jury Trial & Jury Requirements
o 6th Amendment provides right to a jury trial for all “serious offenses”
♣ Serious offense = one that authorizes a sentence of imprisonment for more than 6 months
Jury size and selection requirements:
♣ Jury size and unanimity
• At least 6 jurors
• 6 member jury verdict must be unanimous (but there is no constitutional right to a unanimous verdict)
♣ Juror composition requirements
• Jury pools must be a representative cross-section of the community (but the actual jury does not have to be representative)
♣ Right to an impartial jury
• D can question potential jurors on possible prejudices if relevant to the cases
• Has unlimited challenges for cause if relevant to the case
♣ Peremptory challenges
• Parties may exercise peremptory challenges for any reason
Right to Confront Witnesses
o 6th Amendment gives D the right to confront adverse witnesses
Co-defendant confessions
♣ Co-D’s confession implicating D is inadmissible against D at a joint jury trial (ok if its at bench trial)
♣ Exceptions:
• Confessions of a co-D is admissible if either:
o 1. Confessing co-D testifies subject to cross-examination
o 2. Ds have separate trials
o 3. Confession is redacted so that all portions referring to the co-D are eliminated
o 4. Co-D’s confession is used to rebut D’s claim that his confession was obtained coercively
Hearsay
♣ Prior testimonial statements of unavailable witnesses are only admissible if D had the opportunity to cross-examine the declarant when the statement was made
