Pg 34 Flashcards
Who can a grand jury compel testimony from?
Anyone, but this is subject to the constitution, the common law, and statutory privilege
Does a grand jury have to show probable cause in order to investigate?
No, they just have to show suspicion that the law was violated
What are the things that jurors can act on in a grand jury?
Tips, rumors, evidence from the prosecution, their own personal knowledge, and they can run down every available clue and examine all witnesses in every proper way
Grand juries are free of technical rules and they are left to pursue investigation by external influence or supervision as long as what?
They don’t encroach on the legitimate rights of witnesses that are called before them
If someone is subpoenaed by a grand jury, can they challenge that subpoena?
Yes, if complying with it would violate testimonial privilege that is recognized in that jurisdiction
If a grand jury tries to subpoena documents from someone, how does the fourth amendment apply?
It applies to compulsory production of a person’s private papers and documents in his possession. He can use the fourth amendment to argue unreasonable compulsory production. The idea is to avoid undue burden on the subpoenaed party
Do corporate documents have a privilege against self-incrimination?
No, but they do have fourth amendment protection, so an order for production of books or papers can still be an unreasonable search and seizure
What are the three components of reasonableness with regard to subpoenas by a grand jury?
– subpoenas can demand only production of things that are relevant to the investigation
– the specification of things to be produced must be made with reasonable particularity so that the person knows what they are being asked to produce
– can only ask for production of records covering a reasonable period of time
What is the government’s burden with regard to subpoenas for grand juries?
They have to show that the subpoena is relevant and then the subpoenaed party has the burden to show the subpoena was unreasonable
Is a subpoena to appear before a grand jury considered to be a seizure under the fourth amendment?
No
What is the right to a jury trial?
Whenever a defendant faces the risk of confinement of more than six months for any one charge he has a right to a jury trial. This is triggered by the risk, not the actual outcome
What is involved in the right to a speedy trial?
This is assessed by the totality of the circumstances considering factors to assess whether the delay was so significant that it violated the right to a speedy trial. The factors include:
- length of the delay [more than a year triggers an inquiry]
– reason for the delay
What is double Jeopardy?
This stops the same sovereign from bringing the defendant to trial more than once for the same offense.
What is the separate sovereign doctrine?
Double Jeopardy only applies to the same sovereign. The defendant cannot use it to stop himself from being tried by the state for an offence that was tried at the federal level or vice versa
When does double jeopardy attach in a bench trial and in a jury trial?
– bench trial: when the first witness is called
– jury trial: when the jury is sworn
