Before Trial

Question 1

Right to Trial

Answer 1

Can attack pretrial identification during Post charge line ups (standing in a line) and show ups (one on one) because they both give right to trial, if you werent given one,can challenge it

-no right to counsel when police go out ot show the victim or witness photographs

Stages with no right to counsel:
taking of blood samples, handwriting samples, pre-charge lineups, recess during defendant’s testimony at trial, parole and probation revocation proceedings, taking of fingerprints

Question 2

Challenging pretrial identification

Answer 2

Dential of due process: certain pretrial id techniques are so unnecessarily suggestive and are likely to produce a misidentification that they deny due process. Remedy is to exclude evidence, unless state can show it had adequate independent source for that in court identification

-most common indenepdent source is that the victim or witness had adequate opportunity to observe the D at time of the crime (saw his face during bank heist)

Question 3

Bail

Answer 3

bail isses can be immediately appeallable (can appeal for client who was denied bail)

-preventive detention is constutional

Question 4

Grand Juries

Answer 4

1. exclusion rule of evidence doesnt apply to conduct of grand juries. Grand jury witness may be compeeled to testidy based on illegally seized evidence
2. Proceedings of grand juries are secret. D has no right to appear and no right to send in witnesses

Question 5

Prosecutorial duty to disclose exculpatory info

Answer 5

A. prosecutor’s failure to disclose evidence, whether intentionally by accident, violates due process and may be grounds for reveral of a conviction

B. Failure to disclose this evidence may reverse a conviction if:

- evidence is favorable to the defendant and
- prejdice has resulted, meaning theres a reasonable probability that the result would have been different had the info been disclosed