Pretrial procedures

Question 1

Hearing to determine probable cause to detain

Answer 1

If probable cause has not already been determined and there are significant constraints on an arrestee’s liberty, a preliminary hearing to determine probable cause must be held within a reasonable time (48 hours)

Question 2

Grand juries

Answer 2

-Conducted in secret
-No right to counsel or to Miranda warnings
-No right to have evidence excluded
-No right to challenge subpoena on 4th amendment grounds
-Exclusion of minorities is the only defect sufficient to quash a grand jury indictment

Question 3

Speedy trial

Answer 3

Factors determining whether a defendant’s 6th amendment right to a speedy trial has been violated, determined by the totality of circumstances:
1. Length of delay
2. Reason for delay
3. Whether D asserted the right
4. Prejudice to D

Remedy is dismissal with prejudice

Right to speedy trial does not attach until D has been arrested or charged

Question 4

Brady rule

Answer 4

Government has duty to disclose material, exculpatory evidence to D
-Failure to disclose violates due process and is grounds for reversal

D must prove that:
-Evidence is favorable to D (impeaches or is exculpatory); and
-Prejudice has resulted

Question 5

Competency to stand trial

Answer 5

Incompetency to stand trial is based on the defendant’s mental condition at the time of trial, while insanity is a defense based on the defendant’s mental condition at the time he committed the crime