Pre-Trial Rights

Question 1

Grand Jury Indictments

Answer 1

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

Question 2

Is a grand jury an adversarial hearing

Answer 2

No, a grand jury is an investigative tool

Question 3

What constitutional rights are NOT applicable regarding grand jury proceeding``

Answer 3

1. D has no right to be present and no right to assistance of counsel
2. prosecution presents evidence to grand jury without a confrontation process
3. the prosecution has no obligation to present clearly exculpatory evidence to the grand jury
4. no Miranda warnings are needed

Question 4

Bail Hearings

Answer 4

A D is entitled to an individualized hearing to determine whether bail should be granted or denied

Question 5

Is there a constitutional right to bail?

Answer 5

No, but if bail is appropriate and granted, it may not be excessive

Question 6

Standard for Plea Bargains

Answer 6

Pleas must be knowing, voluntary and intelligent

Question 7

Requirements for accepting pleas

Answer 7

1. knowing, voluntary and intelligent waiver
2. D has been informed of the general nature of the offense that they are pleading guilty to

Question 8

When does right to speedy trial apply

Answer 8

Clock regarding 6th A right to a speedy trial begins running once the D is accused by formal charge or is arrested for a crime

Question 9

What is remedy for violation of 6th A right to speedy trial

Answer 9

The only remedy for a constituional right biolation is dismissal with prejudice

Question 10

What is the test for whether right to speedy trial has been violated

Answer 10

Violation is based on totality of circumstances analysis based on:
1. length of delay
2. reason for delay
3. demand for speedy trial

Question 11

When will a case be dismissed with prejudice due to violation of right to speedy trial

Answer 11

1. where totality of circumstances test is met
2. when unreasonable delay resulted in prejudice to D (degradation of evidence, etc.)

Question 12

When does length of delay in trial create a constitutional violation

Answer 12

Generally, more than one year triggers inquiry, but defense-requested delays, including motions, are excluded from the duration calculation

Question 13

What are acceptable reasons regarding delays of trials

Answer 13

Good reasons are those that prosecution has no control over
-reasons that prosecution could have avoided with due diligence are more likely to result in finding of violation

Question 14

What is impact of D’s failure to make a demand regarding speedy trial

Answer 14

If D failed to make a demand, it typically indicates that D didn’t consider the delay to be prejudicial

Question 15

When is due process violated during discovery

Answer 15

It is a violation of due process for the prosecution to fail to disclose to the D evidence both favorable and material

Question 16

What is remedy where prosecution fails to disclose favorable evidence

Answer 16

D is entitled to a new trial provided the evidence is material

Question 17

What types of evidence must be disclosed during discovery

Answer 17

1. if D makes discovery request: any evidence that would tend to help the D must be disclosed
2. If D does not make a discovery request: only evidence that is clearly exculpatory must be disclosed

Question 18

When is evidence considered material

Answer 18

Evidence is material if it would have created a reasonable probability of a different outcome

Question 19

Does prosecution need to disclose information to criminal D before plea bargaining

Answer 19

No