Pretrial Rights Flashcards
The right to a speedy trial is guaranteed by?
the 6th amendment
***attaches once a D is accused
What is the result when a D’s 6th amendment right is violated?
Complete dismal of all charges against the D
Speedy Trial Act of 1974 requires
a federal indictment w/in 30 days of arrest and trial w/in 70 days of an indictment
The court judges speedy trial violations with the following factors:
1- length of delay
2- reason for the delay
3- D’s assertion of his speedy trial right
4- all forms of prejudice to the D
What discovery rights does a D get?
the same given to the Prosectuor
Upon request by D, prosecution must disclose:
1- evidence favorable to the accused
2- when there is a reasonable probability that it will be favorable
***doesn’t have to be done prior to plea negotiations
Unrequested exculpatory evidence should be disclosed when:
it creates a reasonable doubt that didn’t exist otherwise
What crimes does double jeopardy apply to?
all crimes, even those punishable by fine
When does jeopardy attach in a nonjury trial?
When the 1st witness is sworn in and the court begins to heart evidence
When does jeopardy attach in a jury trial?
When the jury is impaneled and sworn
if a GJ fails to indict , does double jeopardy attach?
No,a no true bill means that D can be indicted for the same offense
When does a crime constitute the same offense for double jeopardy?
If one set of facts proves them both
Does double jeopardy attach for a lesser included offense
yes, but not a great offense.
Separate Sovereignties Doctrine
Double Jeopardy doesn’t prevent dual prosecution by separate sovereigns
***municipalities aren’t separate sovereigns
Despite the rule against double jeopardy, retrial is permitted if:
1- D successfully appeals his conviction because of an error made at trial
2- the appeal was granted because of the amount of evidence supporting the conviction
