Pretrial Procedure - Arrest to Trial

Question 1

What is a grand jury indictment?

Answer 1

• A written accusation stating charges against the defendant issued by a grand jury after it reviews the prosecution’s evidence.
• It is an investigatory tool
• NOT an adversial hearing

Question 2

What happens at a grand jury hearing?

Answer 2

• “target” has no right to be present
• “target” has no right to assistance of counsel if they testify
• prosecution presents evidence with no confrontation process
• prosecution has no obligation to present clearly exculpatory evidence

Question 3

Does Miranda warnings have to be given to potential defendants who testify at the hearing?

Answer 3

• No b/c they are not yet indicted and thus not in custody
• the “target” and other witnesses may assert the right against self-incrimination
  
  • NOTE - they do not have to be told they have this right

Question 4

What is a bail hearing?

Answer 4

• D is entitled to an individualized hearing to determine whether bail should be granted or denied
• PURPOSE
  
  • Secure presence of D at trial
  • if ineffective to do so, will be denied
• No Constitutional right to bail
• May not be excessive when bail is appropiate

Question 5

What is a plea bargain & what rights are given up?

Answer 5

• D can choose to plead quility
• TEST:
  
  • was it voluntary
  • was it intelligent
• RIGHTS WAIVED:
  
  • right to jury trial
  • right to confrontation & compulsory process
  • the privilege against self-incrimination
  • pressumption of innocence

Question 6

What is required for a plea to be voluntary & intelligent?

Answer 6

• Intelligent:
  
  • accused must be informed of the general nature of the offense he is pleading guilty to
• Voluntary:
  
  • was there coercion, ability to understand, etc.

Question 7

What is an “Alford” plea?

Answer 7

• D pleads guilty w/o admitting guilt
• other evidence must be admitted to the record to support ct’s finding of guilt
  
  • i.e. - police reports