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Criminal Procedure > Pretrial Procedures - Right to Jury Trial > Flashcards

Pretrial Procedures - Right to Jury Trial Flashcards

1
Q

What are the types of eyewitness identification?

A
  1. Corporeal Identification - in-person (lineups)
  2. Non-Corporeal Identification - NOT in-person & involve police using photo arrays for a wit. to ID the perpetrator of the crime
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2
Q

6th Amendment right to counsel at lineups

A
  • At in-person post-indictment lineup
  • NOT at non-corporeal
  • D can waive the right if made knowingly & intelligently
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3
Q

Eyewitness ID Procedure - Remedy for violation

A

Testimony about post-indictment, Pre-trial identification w/out counsel is inadmissible

  • BUT wit. can still ID defendant at trial if prosecution can show that the ID has independent reliability
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4
Q

Impermissible Suggestive Identification Procedures

Due Process Rights

A

D has due process right pursuant to the 5th Amendment (for fed. prosecutions) and 14th Amend. (for state)

  • w/ regard to witness’s identification based on ID procedure arranged by police that was impermissibly suggestive
  • whether corporeal or non-corporeal
  • whether ID took place b/f or after indictment of D
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5
Q

Test for Impermissibly Suggestive ID Procedure

A
  • 2 Prong Test to determine the admiss. of a pre or post indictment corporeal or non-corporeal identification
  • Tp prevail, D must show that the procedure was:
  1. Impermissibly Suggestive AND
  2. There was subst. likelihood of misidentification
  • To have ID admitted, prosecution can offer ev. that the ID was still reliable
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6
Q

What are the factors considered by the court in determining if impermissibly suggestive procedure results in an unreliable identification ?

A
  1. Witnes’s opp. to view the D at the time of the crime
  2. Wit. degree of attention at the time of the crime
  3. Accuracy of the wit. description of the D b/f the ID
  4. Level of certainty at time of the identification AND
  5. length of time b/w crime and ID
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7
Q

What is the Remedy for illegal identification ?

A

Conviction as the result of a trial where an illegal ID was admitted will be overturned

  • Unless, under doctrine of harmless error, the appellate ct. is convinced beyond a reasonable doubt that the improperly admitted ID didn’t contribute to the verdict
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8
Q

Preliminary Proceedings - What must occur in order to determine whether a defendant can be held?

A

Probable Cause to Detain (Gerstein Hearing) - Under 4th Amendment a prelim. hearing must be held to determine if PC exists to hold the defendant.

  • No right to counsel
  • hearsay evidence can be introduced
  • must be held w/in 48 hours of arrest to determine PC
  • 4th guarantees D right to be released if no PC
  • no remedy if detention is unlawful (other than exclusion of evidence discovered as a consequence of unlawful detainment)
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9
Q

Preliminary Proceedings - Initial Appearance

A

D must be brought b/f judge who advises D of the charges and his rights & appoints counsel if he is indigent

  • judge may also decide whether D should be release b/f trial and the cond. of the release (e.g. bail)
  • Accept plea from the D and
  • set date for preliminary hearing
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10
Q

Preliminary Proceeding - Arraignment

A

Court informs D of the crime D has been charged & gets D’s response (ie. plea)

  • Ct. may appoint counsel for indigent D
  • Can also take place at initial appearance
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11
Q

Preliminary Proceedings - Detention Hearing

A

Can occur at same time as initial appearance or at seperate hearing

  • Ct. determines whether to release D & any conditions for release
  • Ct. may set bail
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12
Q

Preliminary Proceedings - Preliminary Hearing to Determine Probable Cause to Prosecute

A

Subsequent to D’s initial appearance, prelim. hearing may be held to determine if there’s PC to believe D has committed a specific crime

  • This is an adversarial proceeding
  • D has the right to counsel
  • D who has been indicted by grand jury is not entitled to this hearing
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13
Q

Right to Bail

A

No const. right to bail BUT any denial of bail must comply w/ the Due Process Clause

  • Setting excessive bail or refusal to set bail is immed. appealable
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14
Q

Excessive Bail Defined

A

Under 8th Amendment - Bail set higher than an amount reasonably calculated to endure the D’s presence at trial is excessive

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15
Q

Competency

A

Incompetency is a bar to trial - Judge has const. duty to investigate and determine the competence of the D to stand trial if ev. is apparant to the judge

  • Test - whether the D comprehends the nature of the proceedings against him and has the ability to consult with a lawyer w/ a reasonable degree of rational understanding
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16
Q

What is the effect if Defendant is declared mentally incompetent to stand trial?

A

If the charge is a serious criminal offense, then the gov’t may administer antipsychotic drugs

  • 3 conditions must be met b/f defendant can receive the drugs
    1. Treatment shouldn’t cause serious side effects that would affect the fairness of the trial
    2. The treatment is nec. & there is no less intrusive method to further the gov’t important interest AND
    3. The treatment is medically approp.
17
Q

What is a Grand Jury Indictment ?

A

Indictment is a written accusation stating the charges against the D issued by a grand jury after it reviews the prosecution’s evidence

  • This formal charging process is mandated by the 5th amend. under the fed. system for felonies
18
Q

Grand Jury Proceedings - Defendant’s Rights

A

Grand Jury is a non-adversarial proceeding

  • proceedings conducted in secret
  • No right to present or confront witnessess or introduce ev.
  • not entitled to dismissal due to procedural defect
    • unless defect subst. impacted the grand jury’s decision to indict
  • BUT can make a motion to seal the GJ report if he believes he has been defamed
  • Double Jeopardy does not apply to grand Jury proceedings
19
Q

Grand Jury Proceedings - Role of Prosecutor

A

Advisor to the Grand Jury - with respect to the law and assis the GJ in its job of issuing subpoenas for witnessess & evidence

20
Q

Do miranda warnings need to be given for grand jury proceedings?

A

No, because a defendant is not in custody

21
Q

What is the states duty to disclose?

A

Affirmative duty to disclose any material evidence favorable to D & relevant to prosecutor’s case-in-chief that would negate guilt or diminish culpability/punishment

22
Q

What is the effect if the state fails to disclose material evidence?

A

Violates Due Process Clasue & is grounds for reversal

  • regardless of whether failure to disclose was intentional
  • If the D can show that
    1. the ev. is fav. to the D AND
    2. the failure to disclose caused prejudice against the D
      • Reas. prob. of a different outcome had the ev. been disclosed earlier

Criminal Procedure (13 decks)

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