Pretrial Procedures**

Question 1

Preliminary Hearing to Determine PC to detain

Answer 1

If D’s liberty resetricted but no PC determined, need a PC hearing within 48 hours of restriction

Question 2

Use Grand Juries

Answer 2

5A right to GJ has not been incorporated in 14A, but some state C’s require GJ indictment.

Question 3

Grand Jury Proceedings

Answer 3

1) Conducted in secret
2) D has no right to notice
3) D has no right to counsel or miranda warnings
4) no right to have evidence excluded
5) No right to challenge subpoena on 4A grounds (PC)
6) Conviction from incdictment issued by grand jury from which minority group excluded will be reversed

Question 4

Speedy Trial Standards

Answer 4

6A. ToC:
1) Legnth of delay
2) Reason for delay
3) Whether D asserted right
4) Prejudice to D

Remedy: Dismissal with prejudice

Question 5

When speedy trial right attatches

Answer 5

Only once D has been arrested or charged.

BAR: Always check timing in speedy trial issue. Arrested or charged?

Question 6

Prosecutor’s duty to disclose exulpatory evidence

Answer 6

Failure (willful or inadvertent)to disclose material, exclpatory evidence is grounds for reversing conviction if:
1) evidence is favorable to D and
2) prejudice has resulted

Question 7

Competency to stand trial and insanity distinguished

Answer 7

Insanity:
1)Defense to a criminal charge
2) based on the D’s mental condition AT THE TIME they committed the crime
3) may not be retried and convicted

Comp:
1) A bar to trial
2) based on mental condition at time of trial
3) if D regains competency, can be tried and convicted

Question 8

Judge’s duty re: compentency

Answer 8

If it appears to a judge that a D might be incompetent, he has a CONSTITUTIONAL obligation to conduct further inquiry and determine whether he’s incompetent. Regardless of whether D is represented or not.