Pretrial Procedures

Question 1

What are the 4 duties of the prosecutor?

Answer 1

Brady Doctrine - Exculpatory evidence - must be material.
- Evidence that tends to show defendant is not guilty. Evidence that would allow defense to impeach prosecutor’s witness

Prosecution must not knowingly present false testimony.

A prosecutor may not contact or direct others to contact a defendant outside presence of their counsel

A prosecutor may not comet on defendant’s failure to testify
- can comment on silence before Miranda.

Question 2

What does an indictment require?

Answer 2

Probable Cause

Question 3

What can happen at a grand indictment?

Answer 3

Hearsay allowed.

Evidence obtained illegally is allowed.

Defendant has no right to testify or call witnesses.

Witnesses have no right to counsel in room.

Held in secret

Must just be majority.

Question 4

What is the rule for bail?

Answer 4

8th Amendment and forbids excessive bail.

Bail available unless flight risk or danger.