Pretrial/Trial Procedures (Modules 7-8)

Question 1

Preliminary Probable Cause Hearing

Answer 1

Will be held if:
- PC was not already determined (i.e., D was arrested without a warrant or indicted by a GJ) AND
- D’s **liberty is being significantly constrained **
- Then a hearing must be held within a reasonable time (48 hours)

Question 2

Pretrial Detention - Bail

Answer 2

• most states have right to be released on bail unless capital charge
• refusal to grant/set bail can be appealed immediately (unless they pose a danger/would fail to appear at trial)
• if a state does provide for bail, abritriary denials of bail will violate due process

Question 3

Grand Juries

Answer 3

Conducted in secret, D has no right to notice they’re subject of investigation

No right to counsel or Miranda warnings

Indictment can be based on evidence that won’t be admissible at trial (illegally obtained or hearsay allowed)

D msut appear if called but can refuse to answer questions that would incriminate them

Question 4

Right to Speedy Trial

Answer 4

Guaranteed by 6th Amend

Whether 6th Amendment right to speedy trial has been violated is done on a totality of circumstances which consider:

L - length of delay
R - reason for delay
A - if D asserted their right to one
P - prejudice to the D

If violated then case dismissed with prejudice

Question 5

Prosecutorial Duty to Disclose Exculpatory Evidence

Answer 5

Gov has a duty to disclose material, exculpatory evidence
Failure to disclose is grounds for reversal if D can show:
- evidence is favorable becuase either impeaches/exculpates
- rxble probability case would have come out diff if evidence was disclosed

Question 6

Competency to Stand Trial

Answer 6

• Unlike insanity, incompetency to stand trial isn’t a defense to the charge but is a bar to trial based on D’s mental condition at the time of trial
• will be incompetent if: lack understanding of charges/proceeding or aren’t able to assist lawyer

Question 7

Line-Ups

Answer 7

D has the 6th Amend right to an attorney at a lineup; the right attaches as soon as the accused is within sight of a potential identification witness, therefore the attorney must be present for the entire lineup

Question 8

Misc. Due Process Rights During Trial

Answer 8

Due process will be violated if:
- it’s unlikely jury gave evidence rxble consideration
- D has to stand trial in prison clothing
- D is visibly shackled (unless good reaosn for it)

Question 9

Right to Trial by Jury

Answer 9

• Only have the right if imprisonment is for more than 6 months
• No constitutional right to a jury of 12, but must be at least 6; no matter what number must be unanimous
• group of people forming the jury needs to be a fair cross-section of the community

Question 10

Peremptory Challenges

Answer 10

• Generally can exercise peremptory challenges for any reason
• but cannot use to exclude solely on the base of someone’s race/gender

Question 11

Guilty Pleas

Answer 11

• Judge must determine the plea is voluntary and intelligent
• Must be done by addressing the D personally in open court on the record
• Judge must make sure D knows/understands things such as:
  1) nature of the charges and the crucial elements of the crime charged
  2) maximium possible penalty/mandatory minimum
  3) that they have right not to plea guilty and if they do they waive trial

Question 12

Plea Bargaining

Answer 12

• the judge does NOT have to accept the plea bargain struck between D and prosecutor
• if prosecution threatens to charge with a bigger crime if D doesn’t plead guilty, D’s guilty plea is still voluntary