Pretrial Procedures - Right to Speedy, Public, Fair Trial & Confrontation Clause Flashcards
Right to a Speedy Trial
The 6th Amend. provides each D the right to a speedy trial
- Applied to the states through the 14th Amend.
When does the right to a speedy trial attach?
It attaches:
- At the time of arrest or formal charge (whichever comes first)
- D doesn’t have to know about the charges against him for the right to attach
- No right to a speedy trial b/f arrest
What is the remedy for violation of the right to a speedy trial?
Dismissl with Prejudice
What protects an individual against pre-accusation delay?
SOL are the primary safeguards against pre-accusation delay
- BUT the The Due Process Clause may be violated if the delay was used to obtain a tactical advantage for the prosecution or to harass the defendant
How is it determined whether the Defendant has been deprived of a speedy trial post-accusation?
Balancing Test - Courts weigh these factors & determined if the state made a diligent good-faith effort to bring the defendant to trial
- Length of delay
- Reason for the delay
- Defendant’s assertion of a right to a speedy trial, AND
- Prejudice to the Defendant
Right to a Public Trial
6th Amend. guarantees a crim. defendant the right to a public trial
- D can waive the right & request a closed trial
- BUT b/c the request implicates the 1st amend. right of access of the press and the pub, court must consider several factors
- Likelihood of closed trial is slight
- Court can allow proceedings to be televised over the D’s objection
Right to Public Trial - Public’s Right
A trial must be public unles:
- There is a subst. likelihood of prejudice to the D OR
- a need to limit access to ensure an orderly proceeding
Right to a Fair Trial
Due Process requires:
- that a judge not be biased AND
- If actual or apparent bias exists - Judge must follow a recusal process in the fed. or state jurisdiction
- Fair Conduct by the Prosecutor
Prosecutor Misconduct - What can’t a prosecutor do?
Prosecutor can’t”
- Make material mistake of law or fact
- Elicit info. from the D outside the presence of his counsel
- Express opinions about the D’s guilt or innocence
- Make unfair or improper remarks about the D, hsi counsel or witnessess
- Comment on D’s failure to testify at trial, OR
- Make improper remarks to the jury to inflame their passions to convict for an improper reason
The Confrontation Clause
6th Amend. Confrontation Clause - Applies only to criminal prosecutions not civil cases
- Right for D to confront wit. presenting evidence against him
- Right to face-to-face confrontation with wit. who is offering testimonial ev. against him in the form of cross-examination
- Applies to states by 14th amend.
Right to Confrontation at Trial
The accused has the right to:
- encounter and cross-examine adverse witnesses AND
- be present at any stage of trial
Face-to-Face Confrontation
Not absolute right
- May be prevented for important public reasos
- e.g. Protecting child witness from more than de minimis trauma as a result of testifying
Cross-Examination of Witnesses
The right to confrontation is triggered only by which type of evidence?
Testimonial Evidence
- Under Oath AND
- Subject to Cross-Examination
Confrontation Clause & the Hearsay Rule
Out of Court statements by wit. that are “testimonial” are barred under the confrontation clause
- Unless, wit. are unavailable & D had a prior opp. to cross-examine those witnesses
- NOT barred by CC when they are used for a purpose other than est. the truth of the matter asserted
