Pretrial Procedures Flashcards
What are the two types of eyewitness ID procedures?
Corporeal
-> in person (e.g. lineups)
Non-corporeal
-> not in person (e.g. photo arrays)
Does a D have a 6th Amendment right to counsel at lineups?
What happens to the evidence from the lineup if the right to counsel is violated?
Sixth Amendment right to counsel at in-person post-indictment lineup, but not at non-corporeal.
Inadmissible if violated but witness can ID the D at trial if ID has independent reliability.
What must D prove to show that an identification procedure was impermissibly suggestive?
Can the prosecution show it’ was actually reliable?
Two-prong test
-> D must prove ID was impossibly suggestive
AND
-> substantial likelihood of misidentification
Prosecution may prove that it was nonetheless reliable (poses no substantial likelihood of misidentification)
-> opportunity to view
-> degree of attention
-> accuracy of witness’s description
-> level of certainty
-> length of time
What is the remedy for impermissibly suggestive identification procedures?
Suppression hearing (usually outside jury’s presence) to determine admissibility; finding of impossibly suggestive procedures will result in suppression.
What are the rules regarding preliminary hearings? Any remedies if the detention was unlawful?
A preliminary hearing
-> must be held within 48 hours of arrest to determine PC
-> 4th Amendment guarantees D right to be released if no PC
-> No remedy if detention is unlawful (other than exclusion of evidence)
How does an initial appearance work under the preliminary proceedings? What can a judge decide at this hearing?
Judge advises D of the charges and his rights and appoints counsel if the D is indigent.
Judge may also decide conditions of bail and accept a plea.
Is there a right to bail?
There is no constitutional right to bail, but denial of or excessive bail must comply with Due Process Clause.
When is a D determined to be competent to stand trial?
D must comprehend nature of proceedings against him and have ability to consult with lawyer with reasonable degree of rational understanding.
What is the role of a grand jury?
Does the grand jury need to hear evidence from both the prosecutor’s side and D’s side?
The grand jury’s function is merely to determine whether enough evidence exists to bring a criminal charge—not to determine guilt or innocence.
U.S. Supreme Court held that a prosecutor is not required to present exculpatory evidence to a grand jury. Accordingly, the grand jury need only hear evidence that supports the prosecutor’s side.
What rights does a D not have during grand juries?
Can a procedural defect dismiss a grand jury?
When can a grand jury conviction be overturned?
D has no right to
-> present or confront witnesses
OR
-> introduce evidence
OR
-> be represented by a lawyer in the grand jury proceedings
No dismissal due to procedural defect UNLESS substantial impact on decision to indict.
Intentional racial discrimination in selection of grand jurors results in overturn of conviction.
What type of evidence can a grand jury hear? Illegal evidence and hearsay?
A grand jury is generally not restricted to hearing evidence that would be admissible at trial, so an indictment based on illegally obtained evidence or hearsay is constitutionally valid.
What is the state’s affirmative duty to disclose?
Affirmative duty to disclose to D any material evidence favorable to D and relevant to prosecution’s case-in-chief that would negate guilt or diminish culpability/punishment.
What remedy is there if state fails its’ duty to disclose?
Failure is grounds for. reversal if D shows:
-> the evidence is favorable to the D
AND
-> the failure to disclose caused prejudice against the D
Which Amendment does the taking of handwriting exemplars violate?
The taking of handwriting exemplars does not violate the
-> Fourth Amendment (no reasonable expectation of privacy in one’s handwriting),
-> Fifth Amendment (no protection for physical evidence which includes blood, using, and handwriting samples),
OR
-> Sixth Amendment (not a critical stage of prosecution because the D still has opportunities to meaningfully confront the government’s handwriting experts through cross-examination and to present his/her own experts.).
