Stages of Trial

Question 1

What is a Grand Jury Indictment

Answer 1

The indictment is a written accusation stating charges against the defendant issued by a grand jury after it reviews the prosecution’s evidence.

Question 2

What is a grand jury?

Answer 2

investigatory tool

≠ adversarial hearing

Question 3

Do Miranda warnings need to be given for grand jury proceeding

Answer 3

No, they’re not in custody

Question 4

The purpose of bail

Answer 4

secure the presence of the accused at trial

Question 5

Constitutional right to bail

Answer 5

None

Question 6

If bail is appropriate, it should not

Answer 6

be excessive

Question 7

For a plea of guilty to be valid

Answer 7

Must be

1. voluntary; and,
2. ∆understands of what they are pleading guilty to

Question 8

A right to a speedy trial is guaranteed by:

Answer 8

the 6th amendment

Question 9

The only remedy for violation of US const. right to speedy trial is?

Answer 9

Dismissal with prejudice

Question 10

The speedy trial clock begins running

Answer 10

once the ∆ is accused by formal charging; or,

Arrested and held to answer for the crime.

Question 11

The unreasonable delay normally must result in what to justify dismissal?

Answer 11

Prejudice to ∆

1. Anxiety
2. Oppressive pre-trial incarceration
3. Suppression of evidence

Question 12

It violates due process for the prosecution to fail to disclose to the defense evidence that is both

Answer 12

1. favorable

2. material

Question 13

Favorable—the disclosure trigger

Answer 13

(a) If defense makes a discovery request, any evidence that would tend to help the defense is favorable;
(b) If defense fails to make a discovery request, only evidence that is clearly exculpatory is favorable.

Question 14

if the prosecution fails to disclose favorable evidence, a defendant is entitled to a new trial (or sentencing) if that evidence

Answer 14

was also material

-The evidence would have created a reasonable probability of a different outcome

Question 15

Destruction of evidence held by the government violates due process only where:

Answer 15

∆ can show bad faith

Question 16

Absent waiver, a defendant may not be “imprisoned for any offense, whether classified as petty, misdemeanor, or felony” unless:

Answer 16

They are given the right to effective counsel

Question 17

A defendant seeking a new trial based on a claim of Ineffective Assistance of Counsel must prove both:

Answer 17

1. counsel was ineffective (performance fell below minimum standards of lawyerly conduct)
2. had the lawyer been effective it would have created a reasonable probability that the outcome would have been different

Question 18

The right to a jury trial attaches in any criminal proceeding where the defendant faces a potential sentence of

Answer 18

Longer than 6 months

Question 19

The defendant has a right to a jury selected from a fair cross-section of the community, which means a jury pool that reflects:

Answer 19

a fair cross-section of the ethnic and gender demographics of the community

Question 20

the use of peremptory challenges to exclude prospective jurors based on minority race or gender violates

Answer 20

the equal protection clause

Question 21

a party making a peremptory challenge of a prospective minority juror may be required to

Answer 21

offer a “race or gender neutral” basis for the challenge, and if that basis is unpersuasive: will be denied

Question 22

Confrontation clause is

Answer 22

the right to confront witnesses with evidence against them

6th amendment

Question 23

The right to confrontation is triggered only by

Answer 23

testimonial evidence

Question 24

If the witness is telling the police or a 911 operator what is happening in order to help them respond to an ongoing emergency:

Answer 24

not testimonial evidence, no right to confrontation

Question 25

Confrontation is satisfied by subjecting the witness to “adversarial testing,” which means the witnesses testimony is provided under:

Answer 25

1. oath

2. subject to cross examination

Question 26

Where the witnesses prior “testimonial” statements are offered as hearsay, it will violate the right to confrontation unless

Answer 26

the defendant had a prior opportunity to subject the hearsay to adversarial testing, for example at a prior preliminary hearing.

Question 27

When a defendant moves to dismiss a charge based on a violation of double jeopardy, she must establish she had been in jeopardy for the:
(4)

Answer 27

she has been in jeopardy

1. twice
2. for the same offense
3. by the same sovereign
4. closing out of case

≠being charged

Question 28

In a non-jury trial, jeopardy attaches when:

Answer 28

the first witness is sworn and the court begins to hear evidence

Question 29

In a jury trial, jeopardy attaches when:

Answer 29

the jury is sworn

Question 30

What is the “same offense?”

Not when

Answer 30

Two crimes occurring out of the same transaction are considered the same offense, unless:
a. Each charge requires proof of: separate criminal impulse

b. Each charge requires proof of: separate factual element

Question 31

Separate Sovereignties Doctrine

Answer 31

The double jeopardy prohibition does not prevent dual prosecution by separate sovereigns. Therefore, a defendant may be prosecuted for the same criminal conduct by a federal court and a state court

A city within a state = same sovereign