trial rights & procedures

Question 1

grand juries

Answer 1

required in fed court under 5th Amendment and are used to determine whether there is sufficient probable cause to bring charges against a suspect

Question 2

pretrial hearing

Answer 2

may be required to determine if there is probable cause to detain suspect

Question 3

when pretrial hearing required

Answer 3

1) D is incarcerated or released on bail
2) no determination of probable cause

Question 4

bail

Answer 4

cannot be higher than necessary to ensure D will appear at trial

Question 5

right to speedy trial

Answer 5

6th Am. protects D from unreasonable delay between the time charges are filed and beginning of trial; right attaches once D arrested or charged

Question 6

requirements for valid plea bargain

Answer 6

1) plea must be voluntarily and intelligently made
2) D understands nature of charge, maximum penalty/any mandatory sentence, right to plead not guilty, D waives right to jury trial

Question 7

appellate courts will not disturb valid pleas unless

Answer 7

1) plea made involuntarily
2) court that took plea lacked jdx
3) D had ineffective assistance of counsel
4) prosecutor failed to honor plea