Pretrial Proceedings

Question 1

Pretrial detention

Answer 1

Initial appearance - soon after D is arrested, must be brought before magistrate who will tell her her rights

Question 2

Prelim hearing to determine PC to prosecute

Answer 2

Accused has right to counsel at hearing

Question 3

Grand juries

Answer 3

5A right to indictment; GJ will determine PC to prosecute; no right to counsel or right to miranda / potential defendant warnings or to exclude evidence

Question 4

Speedy trials

Answer 4

totality of circs: (i) length of delay (ii) reasons of delay (iii) whether D asserted his right and (iv) prejudice of D

Question 5

Pr. Duty to Disclose Exculpatory Info

Answer 5

Gov has duty to disclose material, exculpatory evid to defendant (BRADY RULE rip ADA NOVAK). Failure to disclose violates DPC and can reverse conviction if (i) evidence is favorable to D and (ii) prejudice has resulted (case probs wouldve been diff)

Question 6

Competency to Stand Trial

Answer 6

Incompetency: depends on metnal condition at time of trial (contra insanity - time of crime). Applies when person lacks raional / factual understanding of charges and proceeds and lacks ability to consult with her lawyer; BOP can be placed on D

Question 7

Pretrial Publicity and the Right to a Fair Trial

Answer 7

Excessive pretrial publicity prejudicial to D may require change of venue or retrial