Trial, Juvenile trials, Pleas, and Sentencing

Question 1

Speedy Trials

Answer 1

All criminal defendants have the Sixth Amendment right to a speedy trial.
- Standards: determinations of violations is made by an evaluation of the totality of the circumstances. Factors considered are:
1) The length of the delay
2) The reason for the delay
3) Prejudice to the defendant

Question 2

Evidentary Disclosure

Answer 2

• Exclupatory evidence
• BRADY RULE – DE follows, requires that prosecutors disclose a criminal defendant all material, exculpatory evidence.
• Defendant can request from the state: (1) written or recorded statements of the defendant or a co-defendant or (2) a copy of the defendant’s criminal record.
  o BOTH defendant and state may request disclosure of documents and other tangible objects (like photographs) the party plans to introduce at trial.
• Examinations and tests
• Expert witnesses
• Collection and preservation of evidence
• Production of a witness statement (JENKS ACT)

Question 3

DE Evidentary Rules at Trial

Answer 3

• No introduction of Co-Defendant’s Confession in joint trial (the Bruton Rule)
• Prior statements by recanting witness

Question 4

Unbiased Judge

Answer 4

1) Judge has no financial stake in the outcome of the case
2) Judge has no actual malice towards the defendant

Question 5

Fundamental Protections

Answer 5

All criminal defendants have the right to a fair and impartial jury

Question 6

DE Right to a Jury Trial

Answer 6

Right to jury trial attaches whenever jail time is possible and both the defense and prosecution

Question 7

Number of Jurors

Answer 7

All Criminal trials = 12

Question 8

Unanimity of Jury Verdicts

Answer 8

All criminal trials must return a unanimous jury.

Question 9

Peremptory Challenges

Answer 9

Non-capital case = 6

Question 10

Test for Ineffective Assistance of Counsel

Answer 10

2-prong test:
- The Deficiency requirement:
- The Prejudice requirement

Question 11

Motion for a New Trial

Answer 11

Rule 33
- Based on newly discovered evidence – could not be found with due diligence at the time of the trial, made within 2 years after entry of a final judgment.
- Based on any other ground – motion for a new trial in the interest of justice based on any other ground must be made within 7 days after the verdict is entered.

Question 12

Jurisdiction for Juvenile Crimes

Answer 12

Family court, exception for certain crimes

Question 13

Amenability Hearings

Answer 13

Family court lacks jurisdiction over juveniles who are not “amenable to the rehabilitative processes available to the Court.”
- Upon application to try the juvenile as an adult in Superior Court, the family court judge must hold an amenability hearing to make that determination.
Factors:
1. Whether b/c of age and characteristics of child, DE is best protected if he goes to a correctional facility outside of the scope of the Family Court
2. Did the child inflict serious bodily harm during the crime?
3. Whether the child has been convicted of any prior criminal offense?
4. Whether the child has been sent to jail by fam ct. before?
5. Did he use a dangerous instrument?
6. Are other participants being tried as adults?

Question 14

Reverse Amenability Hearings

Answer 14

In any case in which the Superior Court has jurisdiction over a child, the court may transfer the case to Family Court if, in the court’s opinion, the interests of justice would be best severed by such transfer
- Before ordering the SC must hold a hearing at which it may consider evidence as to the following factors and any other factors it deems relevant:
1. Nature of pending offense and extent and nature of prior record
2. Nature of past treatment and rehabilitative efforts and his response thereto
3. Whether the interests of society and the child would be best served by Family Court or Superior Court?
***Must make motion for it within 30 days of arraignment

Question 15

4 Circumstances for Juveniles to be prosecuted as adults

Answer 15

1. Charged with certain offenses
2. Not-Amenable
3. Prior felony adjudication, older than 16, and charged with: conspiracy 1, burglary 1, rape 3, home invasion, or arson 1
4. older than 15 and new felony while on escape from Level IV or V facility

Question 16

Plea Agreements

Answer 16

For a guilty plea to be valid, the judge must establish that it is voluntary and intelligent.

Question 17

Sentencing

Answer 17

Mandatory Pre-sentence Report (Rule 32©)
- The mandatory presentence report must contain:
o The defendant’s prior criminal record, financial condition, and any relevant circumstances affecting the defendant’s behavior.
o The sentencing range specified by the guidelines and any factors that may justify a departure from the guidelines.
o A victim impact statement.