Chapters 6-9 Flashcards
When must the arrested person be taken before a magistrate?
Without unnecessary delay, and in any event no longer than two days, Sundays and holidays excluded.
The sixths amendment provisions that
The accused shall enjoy the right to a speedy trial.
Barker V. Wingo
(guarantee to a speedy trial had been violated)
4 factors under Barker is the
-Length of delay
-Reason for delay (justification for delay)
-Whether or not the defendant asserted his right.
-Harm or prejudice to the defendant
-Remedy, dismissal of charges and cannot retry the defendant for the same matter
The right of discovery or the right of inspection
In Texas, this is never waived and is an ongoing right.
ie. even after a case is disposed of – if additional discovery is received – it is still uploaded into computer system and defense notified. (Michael Morton Act and Brady)
Types of charging documents in Texas/ accusatory pleadings
Complaint, information, indictment
Charging documents for felonies
If a felony is indicted, it is known as an indictment. If plea prior to indictment, it proceeds on information.
Charging document for misdemeanors
The charging document is called an “information” which is accompanied by a “complaint.” A complaint is a sworn document in the form of an affidavit, giving facts and details of a crime. And the complaint must contain enough facts for the Judge to determine whether a crime has been committed and whether or not the accused has committed it.
Miranda and the 5th amendment
– This deals with custodial interrogation by the government
Miranda warnings must be given – includes the right to an attorney, if you can
not afford one – one will be appointed for you.
– Right to Attorney during Custodial Interrogations (Miranda wngs)
* 2 parts to determine if custodial interrogation
* 1) is the person in custody
* 2) are they being interrogated by Gov’t
* If yes – they must make a knowing, intelligent and voluntary
waiver of his/her rights when questioned.
6th amendment
Contains the Criminal Jury Trial Rights –
– Speedy trial, impartial jury, confrontation of witnesses, and the COUNSEL CLAUSE
“Have the assistance of COUNSEL for his defense.”
Voluntary absence from trial
The Allen decision definitely established that a trial could take place in the absence of a defendant when he or she was so disruptive that his or her removal from the courtroom became necessary.
Cureton V. United States
when def. knowingly and
voluntarily absences himself – Cureton test
“If a defendant at liberty remains away during his trial, the court may proceed provided it is clearly established that his absence is voluntary. He must be aware of the processes taking place, of his right and of his obligations to be present, and he must have no sound reason for remaining away.”
Right to counsel
includes misdemeanors and felonies.
Argersinger V. Hamlin
No person may be imprisoned for any offense, petty, misdemeanor or otherwise, unless he or she is represented by counsel.
Faretta Case
“In order to represent himself the accused must knowingly and intelligently” waive the right to the assistance of counsel.
Standby counsel
judge can appoint even if defendant objects: an attorney appointed by the judge to be available to consult with the defendant in cases where the defendant represents himself or herself.
Strickland V. Washington
Case states that ineffective assistance evaluation is based on an OBJECTIVE standard of reasonableness and the burden of proof is on def.
2 prongs:
* Was counsel ineffective – see defn. above
* Did def. rely on counsel to his detriment, ie was the defendant prejudiced
Right of Discovery
is the pretrial right of the adversary to inspect, review, and copy certain materials held by the opposition that are anticipated to be introduced as evidence during the trial. (Note: This right of discovery is more closely related to the subject of evidence as opposed to procedure.)
The right of pretrial discovery was created primarily for the benefit of the
Defendant
Pretrial right of Discovery
-Helps defense with case preparation and aids in ensuring a fair trial
-Helps with cross-examination of witnesses and impeachment of witnesses
Denial of the right of discovery (NOT TEXAS)
In states where the right of pretrial discovery is not recognized, the defendant must rely on the preliminary hearing, when applicable, for any assistance received in case preparation.
Brady V. Maryland doctrine
– Brady requires the disclosure of exculpatory evidence which the government is aware of, and which is within its custody or control. (exculpatory, impeachment, defenses)
– The Brady doctrine is not absolute.
– Under Brady, the prosecutor is charged with knowledge of the significance of the evidence in his file regardless of if he overlooks it.
– Brady requires reversal only when nondisclosed evidence is “material.”
– ie. Reasonable probability that
had the evidence been disclosed, the result would have been different?
– My Brady test – If prosecution wouldn’t want defendant to find something out or know something…..it’s likely
Brady
Hearing to suppress.
– Generally held prior to the trial; but can be held with
trial
– Held before a judge alone and not before a jury; if motion is held with trial – then the jury is excused when this motion is heard and will or will not hear/receive evidence – based on judge’s ruling.
Motion for continuance
Most state codes provide that no continuance of a criminal trial shall be granted except where the ends of justice require a continuance.
Insanity
refers to the accused’s mental state at the time of the act. Ie. When crime committed.
Competency
refers to the accused’s mental state at trial time.ie. When in court
Motion to determine competency.
Competency of the defendant must be determined because a person cannot be tried, sentenced, or punished while incompetent. And if legally insane, NGRI.
* Competency and sanity are presumed. If defense says a def. may be incompetent, then that needs to be addressed FIRST. All proceedings must STOP until competent.
* A defendant cannot be evaluated for insanity unless he is competent.
Plea negotiation
Plea negotiating, or plea bargaining, as it is more commonly known, is nothing more than agreement between the prosecuting attorney and the defense to reduce a charge to a lesser crime, to drop certain charges, or to receive a lessened sentence in return for a guilty or nolo contendere plea.
When there is a plea bargain
the defendant will enter a plea upon stipulated evidence by the prosecution.
Brady V. United States
Case set out standards that a guilty plea must be freely and voluntarily entered into by defendant (no threats of harm or coercion) Plea negotiations for a reduced sentence in return for a plea did not violate a def’s 5th amendment right against self-incrimination.
