Criminal Procedure Flashcards
What are the formal model stages of criminal procedure?
Complaint filed Arrest Initial appearance and appointment of counsel Bail Preliminary Hearing/Examination Prosecutor makes formal charging decision Indictment or information Arraignment Trial preparation, discovery, motions Trial Entry of Judgment
What happens when a complaint is filed?
The investigation is triggered
What is an arrest?
Taking a person into custody, for probable cause, so he may answer charges
*Police have no authority to drain, but have “peace-keeping” power to take arrestee to magistrate who does have detention authority
What is a Gerstein hearing?
A hearing in which a magistrate reviews the probable cause for arrest. The D is constitutionally entitled to such a hearing when he is arrested without an arrest warrant
What does the 8th Amendment guarantee?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Protection against:
Cruel and unusual punishment
Excessive bail, although it can be entirely denied in the interests of public safety (need clear and convincing evidence)
What does the 5th Amendment guarantee?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Right to:
Criminal trial by jury
Protection against:
Double Jeopardy
Self Incrimination
What does the 6th Amendment guarantee?
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
Right to: Speedy Trial Impartial Jury of Peers Information about the Charge Confront Witnesses Counsel
What factors are relevant to the right to a speedy trial?
6th Amendment guarantee requires the courts to look at:
(1) Length of Delay
(2) Reason for Delay
(3) D’s assertion of right to speedy trial [MOST IMPORTANT]
(4) Prejudice to D
What are the divergence from the formal model of civil procedure?
- Complainant is usually police, not private citizen, and usually follows investigation
- Preliminary Hearing
a) Almost always waived b/c D counsel has not yet been paid
b) However, D has right to counsel at Hearing should he go forward with it - D very unlikely to put on any witnesses and prosecutor will not put on star witnesses
When is D entitled to counsel?
6th Amendment requires counsel be present at all critical (adversarial) stages of trial, including:
Preliminary hearing because it:
(1) Reveals factual weaknesses
(2) Vital impeachment tool
(3) Important for discovery
(4) Bail/psych exam determined
*But not at the preliminary hearing
What are the requirements of a plea?
(1) Voluntarily and intelligently given
Voluntary = no threats, implied/direct promises or exertion of improper influence
Intelligently = advised by competent counsel, aware of nature of charges against him, competent
How long is a reasonable trial delay? What time period is relevant?
US v. Marcon - 3 yr delay from occurrence of crime to filing indictment is not an unconstitutional delay
Amount of time between arrest and trial is not what is material - look at prejudice to D
What is the prosecutor’s burden of production regarding exculpatory evidence (in re: specific requests, perjured testimony, no requests)?
Specific Request - Can’t be ignored if there is any reason to believe the evidence is material. Material rule.
Perjured Testimony - Prosecutor can not knowingly permit the intro of perjured testimony. Verdict is set aside if there is any reasonable chance a jury would’ve been affected. A more rigid “might be material” rule.
No Request - Prudent prosecutor will tilt towards turning over what is doubtful. Verdict is set aside if it creates a reasonable doubt that did not otherwise exist (viewing the evidence in the context of all evidence presented). A “reasonable doubt” rule.
What are legitimate reasons for denying bail?
Public safety is a legit goal
Look at: nature and seriousness of charges, amount of government evidence, arrestee’s background, nature and seriousness of danger posed by suspect
