con crim pro – pretrial procedures Flashcards
1
Q
when can an indictment be amended
A
mere technical errors can be amended at any time
2
Q
when is severance appropriate for offenses
A
if joinder is prejudicial
3
Q
when is severance appropriate for defendants
A
should be granted where justice so requires (e.g., defendants with antagonistic defenses or one defendant will testify for the other)
4
Q
when does prosecution (gov.) have a duty to disclose information
A
when there is material, exculpatory evidence as to the defendant
5
Q
what may pretrial publicity require
A
excessive publicity prejudicial to the defendant may require a change of venue or retrial
