Pre-Trial Procedures and Prosecutor's Duty to Disclose Exculpatory Information Flashcards
Are bail issues appealable?
Yes, and they are immediately appealable
Is it constitutional to detain a flight risk?
Yes, preventative detention is Constitutional
Does the exclusionary rule apply to the conduct of grand juries?
No, a grand jury witness may be compelled to testify based on illegally seized evidence.
Does the defendant have a right to appear at a grand jury proceeding?
No. They are secretive.
Does the defendant have a right to present defense witnesses at a grand jury proceeding?
No. Again they are secretive.
What is the violation if a prosecutor fails to disclose exculpatory information?
It is a violation of the Due Process Clause and may be grounds for a reversal of a conviction
What if a prosecutor fails inadvertently to disclose exculpatory evidence?
Whether the prosecutor failed to disclose exculpatory information willfully or inadvertently, it is still a violation of the Due Process Clause.
When will a failure to disclose exculpatory information be grounds for reversing a conviction?
If the evidence if favorable to the defendant and prejudice has resulting, meaning there is a reasonable probability that the result would have been different had the information been disclosed.
