Pretrial Procedures Flashcards
Preliminary Hearing to determine probable cause to detain
If PC has not already been determined and there are significant constraints on an arrestee’s liberty, a preliminary hearing to determine PC must be held within a reasonable time (for example, 48 hours).
The hearing is an informal, non adversarial proceeding.
Pretrial Detention - Bail
Generally, bail can be set no higher than is necessary to assure the D’s appearance at trial.
Refusal to grant bail or the setting of excessive bail may be appealed immediately; however, the Supreme Court has upheld portions of the federal Bail Reform Act that allow arrestees to be held without bail if they pose a danger or would fail to appear at trial.
Defendant Incompetent to stand trail
Standards for commitment and subsequent release of defendants incompetent to stand trial must be essentially identical with those for commitment of persons not charged with a crime; otherwise there is a denial of equal protection
Use of Grand Jury
5th Amendment right out indictment by grand jury has not been incorporated into the 14th Amendment, but some state constitutions require grand duty indictment.
Grand Jury Proceedings - Secrecy and D’s Lack of Access
Grand jury proceedings are conducted in secret.
The D has no right to notice that the grand jury is considering an indictment against them, to be present and confront witnesses at the proceeding, or to introduce evidence before the grand jury.
Grand Jury Proceedings - No Right to Counsel or to Miranda Warnings
A witness subpoenaed to testy before the grand jury does not have the right to receive Miranda warnings, nor is a witness entitled to a warning that they are a “potential defendant” when called to testify before the grand jury. Witnesses have no right to have an attorney present.
Grand Jury Proceedings - No Right to have Evidence Excluded
A grand jury may base its indictment on evidence that would be inadmissible at trial, and an indicted defendant may bot have the indictment quashed on the ground that it is based on illegally obtained evidence.
Grand Jury Proceedings - No Right to Challenge Subpoena
There is no right to challenge a subpoena on the 4th Amendment grounds that the grand jury lacked PC - or any reason at all - to call a witness for questioning.
Grand Jury Proceedings - Exclusion of Minorities
A conviction resulting from an indictment issued by a grand jury from which members of a minority group have been excluded will be reversed without regard to harmlessness of error.
Speedy Trial - Standards/Factors
A determination of whether a D’s 6th Amendment right to a speedy trial has been violated is made by an evaluation of the totality of the circumstances.
Speedy trial factors:
1. Length of Delay
2. Reason for delay
3. Whether D asserted right
4. Prejudice to D
Speedy Trial - When Right Attaches
The right to a speedy trial does not attach until the D has been arrested or charged.
Prosecutor’s Duty to Disclose Exculpatory Evidence
The government has a duty to disclose material, exculpatory evidence to the D.
Failure to disclose such evidence - whether willful or inadvertent - violates the Due Process Clause and is grounds for reversing a conviction if the D can prove that:
- The evidence is favorable to the D becuase it either impeaches or is exculpatory; and
- Prejudice has resulted
Notice of Alibi and Intent to Present Insanity
If the D is going to use an alibi or insanity defense, they must notify the prosecution.
If alibi is to be used, D must give the prosecution a list of their witnesses.
The prosecution must give the D a list of the witnesses it will use to rebut the defense.
The prosecutor may bot comment at trial on the defendant’s failure to produce a witness named as supporting the alibi or on failure to present the alibi itself.
Competency and Insanity Distinguished
Insanity is a defense to a criminal charge based on the defendant’s mental condition at the time they committed the charged crime.
Incompetency to stand trial, on the other hand, is not a defense to the charge, but rather is a bar to trial. It is based on the defendant’s mental condition at the time of trial. If the D later regains competency, they can then be tried and convicted.
Due Process Standard
A D is incompetent to stand trial if they either
- Lack a rational as well as factual understanding of the charges and proceedings, or
- Lack of sufficient present ability to consult with their lawyer with a reasonable degree of understanding.
