Trial Procedures & Rights

Question 0

Bail Hearing

Answer 0

Right to individualized hearing
No constitutional right to bail
Bail is to secure presence in court
Where appropriate it may not be excessive.

Question 1

Grand Jury Indictment

Answer 1

Not an adversarial proceeding
investigative tool
no right to counsel or right to be present.
Prosecution has no obligation to present clearly exculpatory evidence.
No Miranda Warning necessary
Witnesses may assert right against self incrimination

Question 2

Plea Bargaining

Answer 2

Plea of guilty is the strongest form of proof known in the law.

May be convicted on plea alone

plea must be voluntary and intelligent

Plea will waive right to trial, right to confrontation, and right to process, therefore court must determine waiver is inteligent and voluntary

Question 3

Alford Plea

Answer 3

Defendant pleads guilty without admitting guilt

requires other evidence to be admitted to the record to support courts finding of guilt

Question 4

Right to speedy trial

Answer 4

guaranteed by 6th amendment.
Remedy is dismissal with prejudice
Clock begins to run when D is accused or arrested and held to answer.

Question 5

Interest served by right to speedy trial

Answer 5

Accuracy and unnecessary pre-trial stigma

Question 6

Test for Speedy Trial Factors

Answer 6

1. Length of delay - more than 1 year can trigger inquiry
2. Reason for delay - good reason is one P has no control of; bad is failure of due diligence by P
3. Demand for speedy trial - failure to do so may indicate D did not indicate
4. Delay results in Prejudice to D
   3 types

Question 7

3 Types of Prejudice

Answer 7

Anxiety
Excessive Incarceration
Degradation of evidence reducing accuracy of fact finding process

Question 8

Discovery

Answer 8

Violates due process to fail to disclose evidence that is favorable and material

Question 9

Favorable Disclosure Trigger

Answer 9

Defense makes request - any evidence that would be helpful is favorable

Defense makes no request - only evidence clearly exculpatory

Question 10

Material - Disclosure Standard

Answer 10

Failure to disclose favorable evidence
D is entitled to a new trial if evidence was also material

Material evidence would have created a reasonable probability of a different outcome.

Question 11

Disclosure prior to plea bargaining

Answer 11

Disclosure requirement is prior to trial, not plea bargaining

Question 12

Destruction of Evidence

Answer 12

Will violate due process only where defendant can show bad faith.

Negligent handling of evidence is insufficient to violate due process.

Question 13

Guarantees of a fair trial

Answer 13

Right to counsel attaches at all stages of proceeding

Question 14

Imprisonment and right to counsel

Answer 14

A defendant may not be imprisoned for any offense,
regardless of classification
without assistance of counsel
Absent waiver

Question 15

Trigger for Free Counsel

Answer 15

Actual Result - not potential result

Question 16

Right to EFFECTIVE counsel

Answer 16

effective counsel is presumed.
To prove ineffectiveness of counsel
D must prove
1. counsel was ineffective
performance fell below a minimum standard of lawyer conduct
2. Based on the totality of the circumstances an effective lawyer would have achieved a different result.

Question 17

Jury Trial

Answer 17

Right to jury trial attaches where D faces a potential sentence greater than 6 months.

Triggered by potential result, not actual result.

Question 18

Makeup of Jury

Answer 18

Righty to jury pool that reflects fair cross section of the community

If a distinct group was systematically excluded from the pool

Right to new trial

Question 19

Exclusion of jurors

Answer 19

party making preemptory challenge of prospective minority jurors will be required to offer a race or gender neutral basis for the challenge

if unpersuasive it will be denied.

Question 20

Confrontation

Answer 20

6th amendment provides defendant with right to confront witnesses and evidence against him

triggered only by testimonial evidence

Question 21

Adversarial Testing

Answer 21

Testimonial evidence must be provided under oath and subject to cross examination

Question 22

Double jeapoardy

Answer 22

Intended to prevent undue harassment and expense

eliminates risk of defendant being placed in jeopardy more than once for the same offense

Question 23

Double Jeopardy attaches in a non-jury trial

Answer 23

When first witness is sworn and court begins to hear evidence

Question 24

Double Jeopardy attaches in a jury trial when

Answer 24

when the jury is impanelled and sworn

Not a grand jury

Grand jury’s failure to indict will not trigger double jeopardy.

Question 25

Same offense

2 Crimes arising out of the same transaction are considered the same offense UNLESS

Answer 25

1. Each charge requires proof of a separate factual element

Question 26

Separate Sovereignties Doctrine

Answer 26

Double jeopardy does not prevent prosecution by separate sovereigns

Defendant may be tried in state court and federal court.