Pretrial Rights

Question 1

What right to trial does an individual have?

Answer 1

• right to a speedy trial
• Guaranteed by the 6th Amendment
• REMEDY
  
  • dismissal with prejudice
• STARTS WHEN:
  
  • once D is accused by formal charging & held to answer for a crime
    
    • (pre-arrest & pre-trial delays not included in analysis)

Question 2

What is the test for violation of the right to a speedy trial?

Answer 2

1. Length of delay
   
   • normally more than 1 yr trigger an inquiry
2. Reason for the dewlay
   
   • good reason - one that prosecution has no control over
3. Demand for a speedy trial
   
   • not essential but failure to do so indicates D did not consider delay prejudicial
4. Prejudice to the D*****
   
   • it must result in prejudice to justify delay
     
     • Anxiety
     • Oppressive pretrial oncarceration
     • Degradation of evidence compromising the accuracy of the trial

Question 3

What is the right to discovery?

Answer 3

• Prosecution is required to disclose evidence to the defense that is:
  
  • Favorable
  • Material
• Otherwise it violates due process
• Disclosure not required prior to plea bargaining or agreement

Question 4

What is considered favorable evidence?

Answer 4

• this is evidence you have to give the defense
• DEFENSE MAKES REQUEST
  
  • Disclose any evidence that wouldtend to help defense
• DEFENSE FAILS TO MAKE REQUEST
  
  • Disclose evidence that is only clear exculpatory

Question 5

What is considered material evidence?

Answer 5

• Material means that the evidence would have created a reasonable probability of a different outcome (created reasonable doubt)
• Thus failure to disclose favorable evidence D is entitled to a new trial or sentencing

Question 6

When does the destruction of evidenc eby the gov’t violate due process?