Examining Trials Flashcards
At the early stage of prosecution of Sally [not yet indicted], is she entitled to a proceeding in which the truth of the felony accusation made agains her will be considered?
If there is such a proceeding, what is it, and what determination will be made?
Yes, because Sally has been charged with a felony, and not yet indicted, she is entitled to an examining trial. At the examining trial, Magistrate will determine whether there probable cause to believe Sally is guilty of the crime.
Under what conditions, if any, is Defendant permitted to make an unsworn statement at the examining trial? Explain fully.
The defendant is permitted to make an unsworn statement at the examining trial if the magistrate warns him that it is not required, that it can be used against him, and he may only make such a statement before other witnesses have testified. The statement must be reduced to writing and signed.
Does Wilma have the right to an examining trial on the charges alleged in the indictment? Explain you’re answer
[Charges: 3 counts of second degree felony of injury to child]
No, Wilma does not have a right to an examining trial on any count alleged in the indictment. Once a grand jury has returned an indictment on a felony, the defendant no longer has a right to an examining trial.
