discovery and trial

Question 1

A defendant is entitled to

Answer 1

exculpatory evidence that is material to guilt or punishment

Question 2

discovery in what kind of cases

Answer 2

felony cases and misdemeanor on direct indictment

Question 3

what must d do to get discovery

Answer 3

upon motion 10 days before trial gets police reports right to inspect and review, witness statements within reports; prior oral statements made to police and others, but only if commonwealth intends to use it; codefendant statements if intend to use it; foresnsic tests, etc

Question 4

what else must be included

Answer 4

experts, witness

Question 5

if d moves for discovery

Answer 5

he must also provide discovery

Question 6

waiver of jury trial can be done

Answer 6

knowing and voluntary and entered in open court

Question 7

commonwealth mus

Answer 7

consent to the waiver

Question 8

d has a right to be

Answer 8

present during trial

Question 9

Can court exclude witnesses

Answer 9

yes

Question 10

double jeopardy

Answer 10

federal prosecution bars state action for same act

Question 11

defendant first charged of substantive offense

Answer 11

cannot be charged with conspiracy

Question 12

d is sentenced

Answer 12

according toto guidelines

Question 13

d can request jury sentencing by

Answer 13

written pleading 30 days before trial

Question 14

court cannot go

Answer 14

higher than what jury imposed, but may reduce or suspend unless statute does not allow it

Question 15

guidelines are not

Answer 15

provided to jury, but judge must consider it and if court departs, it must file a written statement explaining why