Pretrial Procedures Flashcards
if PC not already determined and defendant in jail or out on bail, when must a PC hearing take place?
within 48 hours of arrest
what does it mean for a defendant that grand jury proceedings are conducted in secret? (as to their rights)
defendant has NO right…
1) to notice that the GJ is considering an indictment against them,
2) to be present and confront witnesses
3) to introduce evidence before GJ
what does it mean for a witness to be subpoenaed to testify before a GJ? (as to their rights)
witness has NO right…
1) to receive Miranda warnings
2) to be entitled to a warning that they are a “potential defendant” when called to testify
3) to have an attorney present
does the exclusionary rule apply to grand jury proceedings?
no
what is the consequence of a GJ indictment in which members of a minority group have been excluded from the GJ?
automatic reversal (w/o regard to harmless error)
what factors are considered in evaluating when a defendant’s speedy trial right has been violated?
(based on totality of circumstances)
1) length of delay
2) reason for delay
3) asserted the right?
4) prejudice to defendant
what is the remedy for a violation of a defendant’s speedy trial right?
dismissal WITH prejudice
when does a defendant’s speedy trial right attach?
only once the defendant has been arrested or charged
does the defendant need to know of the charges for their speedy trial right to attach?
no
what is the Brady rule? (prosecutor duty to disclose)
government has a duty to disclose material, exculpatory evidence to the defendant
when is a Brady violation grounds for reversing a conviction?
where defendant proves…
1) evidence is favorable to the defendant because it either impeaches or is exculpatory, AND
2) prejudice has resulted (reasonable probability that the result would have been different)
how are insanity and incompetency different?
insanity = defense to crime charged based on defendant’s mental condition at the time they committed the crime
incompetency = NOT a defense to crime charged, but rather a bar to trial
when is a defendant incompetent to stand trial?
when the defendant either…
1) lacks a rational and factual understanding of the charges and proceedings, OR
2) lacks sufficient present ability to consult with their lawyer with a reasonable degree of understanding
by what standard must the defense prove incompetency?
by a preponderance of the evidence
**NOTE = if court makes D prove by “clear and convincing” evidence, it is UNCONSTITUTIONAL
