Pre-Trial Procedures and Rights

Question 1

Grand Jury Indictment

Answer 1

The indictment is a written accusation stating charges against the defendant issued by a grand jury after it reviews the prosecution’s evidence.

A grand jury not an adversarial hearing, it is an investigatory tool.

Question 2

Scope of Grand Jury Indictments

Answer 2

i) The “target” of the investigation has no right to be present, and no right to assistance of counsel if called to testify.
ii) The prosecution presents evidence to the grand jury with no confrontation process
iii) The prosecution has no obligation to inform the grand jury of clearly exculpatory evidence
iv) Miranda warnings need not be given to even potential defendants testifying at a grand jury because a grand jury is not custody

Question 3

Bail Hearing

Answer 3

The defendant is entitled to individualized hearing to determine whether bail should be granted or denied

The purpose of bail is to secure the presence of the accused at trial.

Question 4

Plea Bargaining

Arraignment

Answer 4

A plea of guilty is “the strongest form of proof known to the law.” A defendant may be convicted on his plea only.

The court must determine that the plea is voluntary and intelligent.

Question 5

To be voluntary and intelligent, the plea must be taken on the record and the judge must personally be certain that the defendant understands:

Answer 5

(1) the nature of the charge against him;
(2) the maximum possible sentence and any mandatory minimums;
(3) the fact that he has a right not to plead guilty; and
(4) that by pleading guilty, the right to a jury trial is waived.

Question 6

The right to a speedy trial attaches

Answer 6

once a defendant is “accused,” such as upon arrest or filing of charges.

Question 7

The only remedy for a violation of the constitutional speedy trial right is

Answer 7

dismissal with prejudice

Question 8

The test for violation of right to speedy trial considers the following factors:

Answer 8

i) Length of delay
ii) Reason for the delay
iii) Demand for Speedy Trial
iv) Prejudice to the defendant

Question 9

It violates due process for the prosecution to fail to disclose to the accused evidence that is

Answer 9

Both Favorable and Material

Material means: evidence would have created a reasonable probability of a different outcome

Question 10

Unrequested exculpatory evidence must be disclosed only

Answer 10

in situations where it “creates a reasonable doubt that did not otherwise exist”