trial rights and procedures

Question 1

the grand jury

Answer 1

Group of people who act as an investigative body to determine whether there is sufficient probable cause to bring charges against a suspect. Required for all criminal felonies charged by the federal government.

Question 2

grand jury indictment

Answer 2

Issued by the grand jury upon a finding of probable cause in light of all the evidence presented. Formally charges D with the crime.

5th amendement requires for any charged with an authorized penalty of over 6 months

Question 3

Are witnesses entitled to Miranda warnings in a grand jury proceeding?

Answer 3

No, because witnesses are not in a custodial interrogation. This is true even when the witness is the defendant.

Question 4

Does D have a right to present evidence or confront witnesses in a grand jury proceeding?

Answer 4

no

Question 5

Is the prosecutor required to disclose exculpatory evidence in a grand jury proceeding?

Answer 5

no

Question 6

Can a grand jury hear evidence that would be inadmissible at trial?

Answer 6

Yes, can hear evidence that would be inadmissible at trial, including hearsay or illegally obtained evidence.

Question 7

What actions can a grand jury take pursuant to its investigatory powers?

Answer 7

Subpoena witnesses
Subpoena documents

Question 8

bail hearing

Answer 8

initiates the formal adversarial process, but it is NOT a critical stage of that process, and therefore, the defendant has no right to the presence of counsel for the hearing.

Question 9

purpose of a bail hearing

Answer 9

to secure the presence of the accused at trial.

Question 10

At what relative amount should bail be set?

Answer 10

No higher than is necessary to ensure D appears at trial. Excessive or arbitrary bail is unconstitutional.

Question 11

plea bargaining- elements of a valid guilty plea

Answer 11

Must be voluntarily and intelligently made. D must understand:

-The nature of the charge and its elements;
-The maximum authorized sentence and any mandatory sentencing;
-They have a right to plead not guilty; and
-They are waiving their right to a jury trial

Question 12

Alford plea

Answer 12

plead guilty without admitting guilt.

requires other evidence (like police reports) introduced to support the court’s finding of guilt

Question 13

charging discretion

Answer 13

a charge violates equal protection if it produces a discriminatory effect/motive

D must show: that similarly situated defendants were charged disparately. People who committed the same crime, under the same circumstances, were treated differently because of their race or gender.

Question 14

subject to retrial, can a prosecutor increase the severity of a charge?

Answer 14

no, it will violate due process unless the record includes new evidence that supports the increase in charge severity.

Question 15

right to a speedy trial

Answer 15

guaranteed by 6th amendment.
- the clock begins running when D is accused by formal charge or is arrested for a crime.vi

Question 16

determining violation of D’s right to speedy trial

Answer 16

Courts balance the following:

1. Length of delay;
2. Reason for the delay;
3. Whether D asserted his right to a speedy trial; and
4. Amount of prejudice to D resulting from the delay

Question 17

what is remedy if D’s right to a speedy trial is violated?

Answer 17

Dismissal of charges with prejudice

Question 18

discovery

Answer 18

it is a violation of due process for the prosecution to fail to disclose to the D evidence both favorable and material

Question 19

remedy when prosecution does not disclose evidence

Answer 19

if prosecution fails to disclose favorable evidence, D is entitled to a new trial (or sentencing) if the evidence was also material.

Question 20

right to counsel at trial

Answer 20

means the right to effective representation.

*The Supreme Court discourages multiple representation of defendants in the same case because if one defendant later decides to cooperate and testify against the co-defendant, the attorney must be disqualified in both cases, due to the fact that the attorney-client privilege will prevent the attorney from using information obtained during the representation to zealously cross examine the cooperating defendant

Question 21

Can D appeal a conviction on the basis of ineffective counsel?

Answer 21

Yes, however the defendant must show:
(1) that her counsel was ineffective; and
(2) that a different outcome would have resulted if the attorney had been effective.

Question 22

When does the right to a jury trial exist?

Answer 22

For any crime that authorizes a sentence of greater than 6 months (regardless of the actual sentence imposed)

Question 23

Can D waive their right a jury trial?

Answer 23

Yes, as long as D voluntarily waives the right. Will result in a bench trial.

Question 24

Do jury verdicts need to be unanimous?

Answer 24

yes, all criminal trials require unanimous jury verdicts.

Question 25

How is the jury pool assembled?

Answer 25

Must consist of a representative cross-section of the ethnic and gender demographics of the community
* jury itself does not need to be representative, only the jury pool.

Question 26

How do you establish a prima facie case that the jury pool was not from a representative cross-section?

Answer 26

Must show that:

1. Excluded group was “distinctive” in the community;
2. Group was not fairly represented in the venire; and
3. Underrepresentation resulted in systematic exclusion of the group from jury-selection process

Question 27

What is a peremptory challenge to strike a potential juror?

Answer 27

Allows parties to disqualify potential jurors, as long as the reason is race and gender neutral.

If the judge believes the party was attempting to strike the juror based on race, the party will be precluded from making the strike and the potential juror will be seated on the jury.

Question 28

If the defendant has proved that the facts give rise to an inference of racial or gender discrimination, what is the prosecution required to do?

Answer 28

Provide a non-discriminatory (race-neutral) explanation for the strike or withdraw the strike

Question 29

the Confrontation Clause

Answer 29

6th Amendment gives D right to confront (meaningfully cross-examine) all witnesses presenting evidence against him.

• triggered only by the introduction of testimonial evidence—statements made in a situation where a witness would expect it to be used as evidence in a criminal trial.

Question 30

Are statements made during an emergency considered testimonial?

Answer 30

Likely no. Statements made to law enforcement or 911 operators to assist in an ongoing emergency are not considered testimonial.

But, statements made after the emergency has ceased, or statements to further the investigation, will be considered testimonial.

Question 31

double jeopardy

Answer 31

prohibits placing a D in jeopardy for:
1. the same offense
2. by the same sovereign (the federal government and each state are separate sovereigns)
3. more than once

Double jeopardy does not require that the prosecution present and prosecute all charges that arise out of the same transaction in one trial.
Where the defendant’s conduct is divisible into discrete crimes, the prosecution may seek multiple punishments and try the charges separately, provided that they constitute separate offenses for the purpose of double jeopardy.

Question 32

errors at trial

Answer 32

an error is preserved at trial only if a timely objection is made at trial. Without an objection, the error may still be deemed to be harmless on appeal unless the error complained of is plain error.

Question 33

plain error

Answer 33

Plain error affects the substantial rights of the defendant rendering the trial substantially unfair and thus, requiring a new trial

Question 34

harmless error

Answer 34

Harmless error does not affect the overall fairness of the trial and usually has little or no impact on the appeal.