Pretrial Procedures Flashcards
What are the two types of eyewitness identification procedures? For each, when is there a Sixth Amendment right to counsel?
Corporeal identifications are “in-person,” as in lineups or show-ups. Right to counsel exists at any post-indictment lineup or show-up in which the defendant is required to participate.
Non-corporeal identifications are not in-person and involve police officers using photo arrays for a witness to identify the perpetrator of the crime. No right to counsel, regardless of when the photo array is conducted.
A defendant also has a due process right pursuant to the Fifth Amendment (for federal prosecutions) and the Fourteenth Amendment (for state prosecutions) with regard to a witness’s identification based on an identification procedure arranged by the police that was ___.
This right exists for what type of ID procedure? When it takes place at what point?
impermissibly suggestive
This right exists whether the identification procedure was corporeal or non-corporeal, and whether the identification took place before or after the indictment of the defendant.
What is the test to determine the admissibility of a pre- or post-indictment corporeal or non-corporeal identification?
Defendant must demonstrate that the procedure was impermissibly suggestive and that there was a substantial likelihood of misidentification. The prosecution can counter with evidence that the ID was nonetheless reliable.
In making its ruling, the court is to consider the following factors:
i) The witness’s opportunity to view the defendant at the time of the crime;
ii) The witness’s degree of attention at the time of the crime;
iii) The accuracy of the witness’s description of the defendant prior to the identification;
iv) The level of certainty at the time of the identification; and
v) The length of time between the crime and the identification.
Only when the indicators of a witness’s ability to make an accurate identification are outweighed by the corrupting effect of law enforcement suggestion should the identification be suppressed on due process grounds.
A defendant who has moved to suppress an identification is entitled to what type of hearing?
A suppression hearing. This hearing usually is held outside the presence of the jury, although exclusion of the jury is not constitutionally required.
What happens when a trial in which an illegal identification was admitted results in a conviction?
The conviction will be overturned unless, under the doctrine of harmless error, the appellate court is convinced beyond a reasonable doubt that the improperly admitted identification did not contribute to the verdict.
What is a probable cause to detain (Gerstein) hearing? (Right to counsel? Hearsay evidence? Timing? Effect of failure to hold the hearing?)
Under the Fourth Amendment, a preliminary hearing must be held after the defendant’s arrest to determine whether probable cause exists to hold the defendant (unless such determination has already been made before the defendant’s arrest through a grand jury indictment or the judicial issuance of an arrest warrant).
- -There is no right to counsel at this hearing
- -Hearsay evidence may be introduced
- -A hearing not held within 48 hours after arrest is presumptively unreasonable
- -Failure to hold this hearing does not affect the prosecution of the defendant for the charged offense, other than the exclusion of any evidence discovered as a consequence of the unlawful detainment.
What is a defendant’s “initial appearance”?
Soon after the defendant is arrested, the defendant must be brought before a judge who advises the defendant of the charges against him and of his rights and who appoints counsel if the defendant is indigent. During this initial appearance, which may be held in conjunction with a Gerstein hearing, the judge may also determine whether the defendant should be released prior to trial and the conditions of the release (e.g., bail), accept a plea from the defendant, and set a date for a preliminary hearing.
What is an arraignment?
At an arraignment, the court informs the defendant of the crime with which the defendant has been charged and elicits the defendant’s response (i.e., plea) to those charges. At this time, the court may appoint counsel for an indigent defendant. These events may also take place at the initial appearance.
What is a detention hearing? A preliminary hearing to determine probable cause to prosecute?
Detention Hearing: In conjunction with the defendant’s initial appearance or at a separate hearing, the court may determine whether to release the defendant and any conditions upon such release. At such time, the court may set bail. The Federal Rules of Evidence do not apply at detention hearings.
Preliminary Hearing to Determine Probable Cause to Prosecute: Subsequent to the defendant’s initial appearance, a preliminary hearing may be held to determine whether there is probable cause to believe that the defendant has committed a specific crime. At this hearing, which is an adversarial proceeding, the defendant has the right to counsel. A defendant who has been indicted by a grand jury is not entitled to this hearing.
What constitutional provisions surround denial of bail?
There is no explicit constitutional right to bail. However, any denial of bail must comply with the Due Process Clause. Therefore, the setting of excessive bail or the refusal to set bail is immediately appealable. Furthermore, bail set higher than an amount reasonably calculated to ensure the defendant’s presence at trial is “excessive” under the Eighth Amendment.
What is the test for whether a defendant is competent to stand trial?
The same test for determining whether the defendant is competent to plead guilty: whether the defendant comprehends the nature of the proceedings against him and has the ability to consult with a lawyer with a reasonable degree of rational understanding.
If the defendant is declared mentally incompetent to stand trial, and the charge is a serious criminal offense, then the government may administer antipsychotic drugs if what conditions are met?
i) The treatment should not cause serious side effects that would affect the fairness of the trial;
ii) The treatment is necessary and there is no less intrusive method to further the government’s important interest; and
iii) The treatment is medically appropriate.
How does the conviction of a legally incompetent defendant or the failure of the trial court to provide an adequate competency determination violate the D’s rights?
Violates due-process principles by depriving the defendant of the constitutional right to a fair trial.
Can a grand jury hear:
a) evidence that would be inadmissible hearsay at trial?
b) illegally obtained evidence?
a) Yes
b) Yes, except info obtained from an illegal wiretap (by federal statute)
The conviction of a person tried pursuant to an indictment issued by a grand jury from which individuals have intentionally been excluded on the basis of race must be ___.
overturned, even if the exclusion is determined to be harmless error with respect to the conviction, and even if the person convicted is not a member of excluded race
