8) Misc

Question 1

indictment: def

Answer 1

written accusation w charge against D, issued by Grand Jury after reviewing prosecution’s evidence

Question 2

GJ: rights of target

Answer 2

NO right to be present
NO right to atty
NO confrontation
NO miranda warnings

YES 5A PASI

Question 3

GJ: exculpatory evidence

Answer 3

prosecution has no obligation to inform GJ

Question 4

bail hearing: rights

Answer 4

D is entitled to individualized hearing to determine if bail should be granted or denied

NO right to bail

Question 5

bail: amt

Answer 5

IF bail is appropriate, it may not be excessive (more than nec to secure presence at trial)

Question 6

plea bargaining / conviction (exception)

Answer 6

plea is enough evidence to convict, except Alford plea (then need more evidence)

Question 7

Alford plea: def

Answer 7

D pleads guilty w/o admitting guilt

Question 8

plea must be:

Answer 8

voluntary and intelligent
(not knowing)

inc waiver of rights (trial by jury, confrontation, compulsory process, self-incrime, presumption of innocence)

Question 9

plea: “intelligent” def

Answer 9

accused must be informed of general nature of offense pleading guilty to

Question 10

right to speedy trial: const basis

Answer 10

6A

Question 11

right to speedy trial: remedy

Answer 11

for fed const violation: dismissal w prejudice

state may have statute w other rights

Question 12

speedy trial: clock starts

Answer 12

when D is:

1) accused by formal charging instrument OR
2) arrested + held to answer for a crime

(very rare cases could be DP issue for pre-arrest delays)

Question 13

violation of speedy trial right: test

Answer 13

factors

1) length of delay
2) reason for delay
3) demand for speedy trial?
4) prejudice to D (most important–REQUIRED)

Question 14

speedy trial: length of delay: amt

Answer 14

more than 1 year –> triggers inquiry

Question 15

speedy trial: length of delay: exception

Answer 15

Defense requested delays (inc motions) are excluded

Question 16

speedy trial: reason for delay

Answer 16

“good” reason: prosecution had no control over

bad reason = prosecution could have avoided by due diligence

Question 17

speedy trial: demand for speedy trial

Answer 17

not filing one tends to show that D did not consider delay prejudicial

but filing one is not required

Question 18

speedy trial: prejudice to D: types

Answer 18

1) anxiety
2) oppressive pre-trial incarceration
3) degradation of evidence compromising the accuracy of the trial

(weakest to strongest)

Question 19

discovery / DP

Answer 19

violates DP if prosecution does not disclose evidence to D that is BOTH favorable AND material

Question 20

discovery: favorable: trigger of disclosure

Answer 20

depends on if D made dy rq or not

Question 21

discovery: favorable: trigger of disclosure: D made dy rq

Answer 21

any evidence that would tend to help D = “favorable”

Question 22

discovery: favorable: trigger of disclosure: D DID NOT make dy rq

Answer 22

only evidence that is clearly exculpatory = “favorable”

Question 23

discovery/DP: result

Answer 23

if P fails to disclose favorable + material evidence, D is entitled to new trial (or sentencing–depends on where evidence was relevant)

Question 24

discovery/DP “material” def

Answer 24

evidence would have created a reasonable probability of a different outcome (ie reasonable doubt)

Question 25

discovery/DP: when triggered

Answer 25

not by plea bargaining or agreement

Question 26

discovery/DP: destruction of evidence

Answer 26

only violates DP if D can show bad faith.

negligence/recklessness not sufficient

Question 27

right to counsel: what cases

Answer 27

any case that results in confinement

actual result, not potential result

Question 28

ineffective assistance of counsel: for new trial must prove

Answer 28

1) counsel was ineffective AND

2) had she been effective, reasoanble probability that outcome woudl have been different

Question 29

ineffective assistance of counsel: “ineffective” def

Answer 29

fell below minimum standard of L-conduct

Question 30

jury trial: what kinds of cases?

Answer 30

any crim proceeding where D faces a potential sentence of LONGER THAN 6 mo

(triggered by potential, not actual)

Question 31

jury trial: potential sentence of 6 mo…

Answer 31

1) must be longer than (not same as)

2) can’t add up minor offenses to get to 6 mo

Question 32

jury makeup: distinguish btwn

Answer 32

jury POOL vs

petit (actual trial) jury

Question 33

jury POOL rights

Answer 33

D has right to jury pool that reflects fair cross-section of ethinc and gender demographic of community

Question 34

jury POOL: result

Answer 34

if D can show that a group was “systematically excluded” from jury pool, gets new trial

Question 35

petit jury: rights

Answer 35

no right to fair cross-section

but, using peremptory challenges to exclude jurors based on race or gender violates EPC, must offer neutrla basis for the challenge or will be denied

Question 36

confrontation: const basis

Answer 36

6Am

Question 37

confrontation: def

Answer 37

D has right to confront witnesses and evidence against him

Question 38

confrontation right triggered by

Answer 38

ONLY by testimonial evidence

Question 39

testimonial: def

Answer 39

sts made in context where RP wit would expect st to be used in crim trial

Question 40

testimonial: exs

Answer 40

YES: wit telling police/911 what HAS HAPPENED in past (investigation)
NO: wit telling police/911 what is happening now (responding to ongoing emergency

Question 41

confrontation: if testimonial

Answer 41

then must subject wit to “adversarial testing”

Question 42

adversarial testing: def

Answer 42

testimony under oath, subject to cross-exam

actual cross-exam not required

Question 43

doulbe jeopardy: const basis

Answer 43

5A “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”

14DPC – applies to states

Question 44

DJ: rule

Answer 44

(to dismiss charge based on violation of DJ, must prove):
has been in jeopardy before
–for same offense
–by same sovereign

Question 45

DJ: when attaches

Answer 45

non-jury trial: 1st wit sworn, court begins to hear evidence

jury trial: jury is impaneled + sworn

Question 46

same offense

Answer 46

–occured out of same transaciton UNLESS

1) each charge requires proof of a separate crim impulse (separate V in single transaction), or
2) each charge requires proof of a separate factual element

Question 47

same sovereign req: result

Answer 47

can be tried consecutively by state and fed for same thing