Trial Proceedings Flashcards
Pretrial Proceedings: Initial Charges
- Per 5th Amendment, all FEDERAL felony charges must be initiated through indictment by grand jury {unless the defendant waives}.
- Indictment requires probable cause.
Grand Jury
[Applies to Federal Felonies and States that adopt Grand Jury Procedures]
- Grand juries can consider evidence obtained illegally and hearsay
- Defendants do not have right to call witnesses or testify
- Witnesses have no right to counsel within grand jury room [must leave room to consult]
- Grand jury proceedings are held in secret
- Grand jury does not need to be unanimous, just a majority
Competency to Stand Trial
Test: Whether the defendant comprehends the nature of the proceedings against him and can be able to assist his lawyer in defending his case.
[If competent, then also able to plead guilty or waive right to trial]
Guilty Pleas
[Most defendants don’t go to trial, but plea guilty beforehand to avoid]
Guilty pleas waive rights such as right to put the prosecution to its proof, to confront and produce witnesses, to trial by jury, to challenge the introduction of evidence, and to appeal if there is a conviction.
A guilty plea is only valid if defendant knowingly and intelligently waives these rights. It is up tp the judge to discern if defendant is capable of waiving rights. [Judge informs defendant of rights being waived, consequences, etc.]
Bail
The 8th Amendment forbids the setting of excessive bail, but does not state outright that bail must be offered pending trial.
Rule: Bail is available unless the defendant poses either a flight risk or a danger to the community.
- There is a presumption in favor of bail
- Courts can impose pretrial release conditions (house arrest, monitors, avoidance of certain people, etc.)
The Jury
6th Amendment Right to Trial by Jury
Defendant has this right for serious offenses for which the authorized punishment is more than 6 months.
Jury Size
- Federal is 12 and guilt/innocence must be unanimous
- State usually use juries of 6 or more. Must also be unanimous to convict.
Jury Selection
Jury Pool must be a fair cross section of the community, with no distinctive groups excluded.
Process of voir dire is used to select the petty jury.
Remove Juror
- For Cause
- Peremptory Challenge
For Cause: Unlimited, used to select an impartial jury.
Peremptory: Dismissed for any reason (so long as not racial/sex motivated). Challenge amount is limited by statute.
Right to a Speedy Trial
Due Process protects against pre-accusation delay. [Not impactful so long as statute of limitations has not run]
Speedy Trial Clause of the 6th Amendment: Protect defendants against delay that occurs between the time of arrest or indictment [whichever comes first] and the time of the trial.
Four Factor Test
- Length of the Delay
- Reasons for the delay
- Whether the defendant asserted right to a speedy trial AND
- risk of prejudice to the defendant [as a result of a “slow” trial]
Confrontation Clause
The 6th Amendment guarantees defendants the right to confront the witnesses against him, as well as right to produce own witness.
Crawford Doctrine: If a statement is testimonial (made in situation where reasonable person would believe it would be used at trial) THEN 6th Amendment bar admission of that statement if:
- the declarant is unavailable AND
- The defendant had no prior opportunity to cross-examine the witness.
Bruton Doctrine
A defendant’s own statements are always admissible against him. Even if he does not testify at trial.
If there are co-defendants, a non-testifying co-defendant’s statements are admissible against other defendant.
Burden of Proof
Prosecution must prove beyond a reasonable doubt.
Impartiality of Judges
Must be impartial for actual or apparent bias
The Brady Doctrine
Prosecutor must turn over all material exculpatory evidence to the defense. Includes:
- Evidence that tends to show that the defendant is not guilty of the crimes charged
- Evidence that would enable to defense to impeach the credibility of prosecution witnesses
Prosecutor Duties
- Brady Doctrine
- May not knowingly present false testimony
- Prosecutor may not contact a defendant outside the presence of his counsel
- Prosecutor may not comment on the defendant’s failure to testify at trial or make unfair remarks about the defendant to the jury
- Can comment on silence re: Miranda
Defense Counsel and Effective Assistance
6th Amendment not only provides counsel, but effective counsel.
Strickland Test for Counsel Effectiveness
- Performance: Did the defense counsel’s performance fall below the wide range of reasonable conduct that lawyers engage in? AND
- Prejudice: There is a reasonable probability that, had counsel performed effectively, the result would have been different.
If the case went to trial the defendant must show that there was reasonable probability that conviction would not have occurred but for ineffective counsel. If pled guilty apply the same standard.
If found that defendant was denied effective counsel, reverse conviction.
- Counsel does not need to be the best, just be properly admitted, available for trial, and no other disqualifying reasons.
Cruel and Unusual Punishment
- Length of Punishment
Supreme Court has given the government free rein to authorize virtually any length of punishment for any crime EXCEPT life without parole of juvenile offenders, which is unconstitutional [unless homicide, but fact specific when allowed]
- Capital Punishment
Death penalty can only be imposed when the victim dies.
It is constitutionally disproportionate to apply in non-homicide cases.
Death Penalty CANNOT be imposed on:
- Defendants under 18 when they committed the crime
- Suffering from cognitive impairment
- Defendants insane at the time of execution
Unusual or Degrading Punishment
8th Amendment also protects from this. Has extended to overcrowding or prison conditions. Must have been convicted for a crime to invoke 8th Amendment.
