Pre Trial Release & Duty to DIsclose (6th)

Question 1

Both ___ and ___ have the duty to ____ to the other side ___ trial the evidence each intends to use at trial

Answer 1

Prosecution

Defense

Disclose

Before

Question 2

A ___ has the duty to disclose all ___ evidence, which is evidence that is ___ to the defendant in a criminal trial

Answer 2

Prosecutor

Exculpatory

Favorable

Question 3

Failure to disclose ____ evidence amounts to a ____ violation and is grounds for reversing the conviction if the defendant can prove __ and ___

Answer 3

Exculpatory

DPC

1. The evidence impeaches or is exculpatory
2. Prejudice has resulted (reasonable probability that the case have been different if the evidence was presented?)

Question 4

The duty to disclose applies only to information ___ to the case.

Answer 4

relevant

Question 5

____ has the duty to discolise the notice of an alibi or intent to present an insanity defense

Answer 5

Defense

Question 6

The two types of pre-trial release are either release in the ___ or station after receiving a ___ OR __ __

Answer 6

Field

Citation

Posting Bail

Question 7

RULE STATEMENT:
Under the 8th AM, excessive ___ shall not be required, nor excessive fines ___, nor cruel and unusual punishment ___

Answer 7

Bail

Imposed

Inflicted

Question 8

The factors to be considered in determining if a defendant is eligible for pre-trial release is:

Answer 8

1. Nature and circumstance of offense charged
2. Weight of the evidence against them
3. The history and characteristics of the person
4. the nature and seriousness of the danger to any person or the community that would be effected by the person’s release

Question 9

Duty to disclose does not apply to_____

Answer 9

post-conviction proceedings