Pretrial procedures Flashcards

1
Q

Bail: right to…

A

be released on bail

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2
Q

Examples of bail issues

A

refusal to grant bail

excessive bail

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3
Q

When are bail issues appealable?

A

immediately

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4
Q

Bail: Is preventive detention Constitutional?

A

Yes

preventive: pose danger or would fail to appear at trial

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5
Q

Grand juries: does exclusion apply to the conduct of grand juries?

A

No

Grand jury witness may be compelled to testify based on illegally seized evidence

Grand jury can consider evidence that would be excluded at criminal trial

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6
Q

Grand jury proceedings: who is present?

A

Proceedings are SECRET

D has no right to appear and no right to send in witnesses

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7
Q

Grand jury proceedings: What rights do witnesses have?

A

Witness subpoenaed to testify before grand jury does not have right to receive Miranda warnings OR counsel

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