Pre-trial Rights

Question 1

Right to speedy trial

Answer 1

guaranteed by 6th amendment. Clock begins running once D is accused by formal charge or is arrested for c rime

Question 2

Test for violation of right to speedy trial:

Answer 2

1) length of delay - generally more than 1 year trigger inquiry but defense requested delays including motions are excluded from duration calculation
2) reason for delay - a good reason is one that prosecution has no control over, as opposed to one prosecution could have avoid by due diligence
3) demand for speedy trial - not essential, but if D failed to make demand, normally indicates that D did not consider delay prejudicial
4) unreasonably delay normally must result in prejudice to D

Question 3

What is the only remedy for constitutional right violation ?

Answer 3

dismissal with prejudice

Question 4

Discovery

Answer 4

violates due process for prosecution to fail to disclose to D evidence both favorable and material

Question 5

If prosecution fails to disclose favorable evidence, D is entitled to a new trial or sentencing if :

Answer 5

the evidence was also material

Question 6

What evidence is material?

Answer 6

evidence would have created a reasonable probability of a different outcome, if disclosed would have created reasonable doubt.

Question 7

If D makes a discovery request

Answer 7

any evidence that would tend to help the defense

Question 8

If D does not make a discovery request:

Answer 8

only evidence that is clearly exculpatory

Question 9

Prosecution not required to disclose this info to a criminal D before

Answer 9

plea bargaining or entering into a plea agreement.