LE Practices- Session 13- Criminal Pre-Trial Hearings Flashcards
What is a Brady Motion?
Pre-trial demand for material or evidence possessed by prosecutor that is favorable to or exculpates defendant.
This motion is named after the landmark case Brady v. Maryland.
What is a Darden Hearing?
An in camera hearing with judge and confidential informant, without disclosing his identity, to determine whether sufficient information was given by the informer to justify the search warrant that was issued.
What is the purpose of a Dunaway Hearing?
To determine if police had ‘probable cause’ to detain and arrest defendant.
What does an Einhorn Hearing assess?
To determine if illegal eavesdropping evidence is the basis of a question asked a witness before a Grand Jury.
What is the focus of a Huntley Hearing?
To determine voluntariness of confession.
What is a Luck Hearing used for?
To determine if defendant’s prior conviction may be used for impeachment purposes.
What is the purpose of a Mapp Hearing?
To determine whether evidence should be suppressed because it has been obtained in violation of the defendant’s Fourth Amendment rights.
What does a Miranda Hearing evaluate?
To determine whether defendant was properly advised of rights at the time of arrest.
What is a Sandoval Hearing?
A hearing to determine which portions of a defendant’s prior record can be brought out by the prosecution at trial if defendant testifies.
What does a Simmons Hearing address?
To determine the use of police photographs to establish identity.
What is the focus of a Townsend Hearing?
As to the delay between time of arrest and indictment ‘Speedy Trial Rule’.
What is the purpose of a Wade Hearing?
To determine the propriety of pre-trial identification (line-up).
