Trial Rights and Procedures Flashcards
Grand jury proceedings and indictments
Grand juries are required in fed court under the 5A and are used to determine whether there is sufficient probable cause to bring charges against a suspect
-Prosecutors present their cases to the grand jury, which votes to issue an indictment if they find probable cause
Grand jury proceedings
- Secret
- Suspect has no right to confront witnesses or attend proceedings
- Witnesses are not entitled to Miranda warnings
- Witnesses may not challenge a subpoena
- Witnesses do not have right to counsel inside a grand jury
- 5A privilege: witnesses can refuse to testify for fear of self incrimination
-Immunity: prosecutors can grant immunity in some form (i.e. use or derivative use immunity) in exchange for potentially incriminating testimony - Exclusionary rule does not apply
-i.e. an idictment can be based on evidence that would be inadmissible at trial
Pretrial (preliminary) hearing
May be required to determine if there is probable cause to detain the suspect
-Required if:
1) D is incarcerated or released on bail (i.e. does not apply if D is released on sole condition that she appear for trial)
2) There has been no determination of probable cause
-E.g. not required if arrest was made with warrant
-Must occur within 48 hours of detention, if required
Bail
Bail cannot be higher than necessary to ensure D will appear at trial
-Detention without bail is constitutional but a decision to refuse bail is immediately appealable; arbitrary denial of bail violates due process
-For denial of bail, govt. must show either:
a) D poses a flight risk, or
b) D poses a danger to the community
Right to speedy trial
6A protects D from unreasonable delay between the time charges are filed and the beginning of trial
* Right attaches once D has been arrested or charged
* Violations: determined by the totality of the circumstances
-Factors: length of delay and reason for delay (e.g. did D cause delay?), if delay has prejudiced D, whether D asserted right
* Remedy for violation: dismissal of case with prejudice
Plea bargains
A D may enter a plea bargain, but doing so waives his 6A right to a jury trial
Requirements for valid plea bargain-judge must:
1) Determine plea is voluntary and intelligently made; and
2) Ensure that D understands:
i) Nature of the charge and its critical elements
ii) Maximum authorized penalty and any mandatory sentence
iii) That D has a right to plead not guilty
iv) That D is waiving his right to a jury trial
Appellate courts will not disturb valid pleas unless
a) Plea was made involuntarily (e.g. due to a misunderstanding)
b) The court that took the plea lacked jurisdiction
c) D had ineffective assitance of the counsel; or
d) The prosecutor failed to honor the plea
Contract theory of plea bargaining
- Pleas will be enforced against both parties, but the judge is not required to accept or adhere to the agreement
- The prosecutor can threaten D with a more serious crime than he was initially charged with and even follow through on such threats if D does not accept plea
Disclosure of exculpatory information
Govt. has a duty to disclose material exculpatory evidence to D
-Failure to disclose violates due process, whether intentional or not
-Violation is grounds for reversing conviction
Disclosure of exculpatory information-establishing violation
D must show:
1) Evidence impeaches or is exculpatory;
2) Evidence is favorable to D; and
3) Prejudice has resulted: will be found if there is a reasonable probability the result of the case would have been different if the undisclosed evidence had been presented at trial
Disclosure of exculpatory information-appicability of duty to disclose
- Applies to evidence relevant to prosecution’s case in chief
- Duty does not apply to post-conviction proceedings
Right to a jury trial
6A provides right to a jury trial for all “serious offenses”
* D has a right to be present for all critical stages (e.g. jury selection)
* Serious offense: potential imprisonment for more than 6 months
Judge cannot direct a verdict of guilt:
-deprives D of his right to a jury trial
-but judge may direct a verdict of acquittal
Jury requirements
- Jury size and unanmity: jury must contain at least 6 jurors
-Unanimous verdict is required for all serious offenses - Juror composition requirements: the jury pool (“venire”) must be a representative cross-section of the community
-The chosen jury does not have to be representative - Right to an impartial jury: D can question potential jurors on possible prejudices if relevant to the case (e.g. racial biases, feelings on the death penalty)
-Jurors can be struck for cause if their views would prevent or substantially impair them from performing their duties - Peremptory challeneges: parties may exercise peremptory challeneges for any reason
-Exception: cannot be used to exclude jurors on account of race or gender (violates equal protection)
Right to confront witnesses-confrontation
6A gives D the right to confront adverse witnesses
Confrontation: D has a right to have adverse witnesses testify in person and subject to cross examination
* In person testimony not required if:
1) Exclusion is necessary for public policy; and
2) Reliability of the testimony is otherwise assured
* D can be removed from court for disruptive behavior
Right to confront witnesses-co defendant confessions
A co D’s confession implicating D is inadmissible against D at a joint jury trial
(OK at bench trial)
Exceptions: confession of a co D is admissible if either:
a) Confessing co D testifies subject to cross examination
b) Ds have separate trials
c) Confession is redacted so that all portions referring to the co D are eliminated, or
d) Co D’s confession is used to rebut D’s claim that his confession was obtained coercively
