Trial Stages

Question 1

What is a grand jury indictment?

Answer 1

The indictment is a written accusation stating charges against the defendant issued by a grand jury after it reviews the prosecution’s evidence.

Question 2

What is a grand jury?

Answer 2

An investigatory tool used in an adversarial hearing.

Question 3

Do Miranda warnings need to be given for grand jury proceeding?

Answer 3

No, because a ∆ is not in custody.

Question 4

What is the purpose of bail?

Answer 4

To secure the presence of the accused at trial.

Question 5

What is the Constitutional right to bail?

Answer 5

There is none.

Question 6

When bail is appropriate, it should not be?

Answer 6

Excessive

Question 7

What are the elements of a valid guilty plea?

Answer 7

∆’s plea must be:

1. Voluntary

And

2. ∆ must understand of what he is pleading guilty to.

Question 8

Which Amendment guarantees the right to a speedy trial?

Answer 8

The 6th Amendment

Question 9

What is only remedy for violation of the right to speedy trial?

Answer 9

Dismissal with prejudice

Question 10

When does the requirement of a speedy trial begin?

Answer 10

1. ∆ is accused by formal charging

Or

2. ∆ arrested and held to answer for the crime.

Question 11

It violates due process for the prosecution to fail to disclose what type of evidence?

Answer 11

Evidence that is:

1. Favorable

And

2. Material

Question 12

What is the trigger to disclose favorable evidence?

Answer 12

1. If defense makes a discovery request: any evidence that would tend to help the defense is favorable
2. If defense fails to make a discovery request: only evidence that is clearly exculpatory is favorable.

Question 13

If the prosecution fails to disclose favorable evidence, when is a defendant entitled to a new trial?

Answer 13

When the evidence was also material: the evidence would have created a reasonable probability of a different outcome.

Question 14

When does the destruction of government held evidence violate due process?

Answer 14

When it is destroyed in bad faith.

Question 15

Absent waiver, a defendant may not be imprisoned for any offense unless?

Answer 15

They are given the right to effective counsel.

Question 16

What must a defendant seeking a new trial based on a claim of ineffective assistance of counsel prove?

Answer 16

1. Counsel was ineffective: performance fell below minimum standards of lawyerly conduct

And

2. Had the lawyer been effective it would have created a reasonable probability that the outcome would have been different.

Question 17

The right to a jury trial attaches in any criminal proceeding where ∆ faces a potential sentence of?

Answer 17

> 6 months

Question 18

What does the right to a jury selected from a fair cross-section of the community entail?

Answer 18

A jury pool consisting of a fair cross-section of the ethnic and gender demographics of the community.

Question 19

What does the use of peremptory challenges to exclude prospective jurors based on minority race or gender violate?

Answer 19

The equal protection clause.

Question 20

What may a party making a peremptory challenge of a prospective minority juror be required to establish?

Answer 20

A race or gender neutral basis for the challenge and if that basis is unpersuasive: the challenge will be denied.

Question 21

What is the confrontation clause?

Answer 21

The 6th Amendment right for a ∆ to confront witnesses presenting evidence against him.

Question 22

The right to confrontation is triggered only by what type of evidence?

Answer 22

Testimonial evidence

Question 23

What type of evidence is a witness is telling the police or a 911 operator what is happening in order to help them respond to an ongoing emergency? Is it testimonial?

Answer 23

The evidence is not testimonial evidence and there is no right to confrontation.

Question 24

Confrontation is satisfied by subjecting the witness to adversarial testing, which means the witnesses testimony is provided how?

Answer 24

1. Under Oath

And

2. Subject to cross-examination

Question 25

A witness's' **prior testimonial statements** offered as hearsay will **violate** the right to **confrontation unless**?

Answer 25

The ∆ had a prior opportunity to subject the hearsay to adversarial testing, for example at a prior preliminary hearing.

Question 26

What are the **elements** of **double jeopardy**?

Answer 26

A ∆ has been charged: 1. Twice 2. For the same offense 3. By the same sovereign.

Question 27

In a **non-jury trial**, when does **jeopardy** **attach**?

Answer 27

The first witness is sworn and the court begins to hear evidence.

Question 28

In a **jury trial**, when does **jeopardy attach**?

Answer 28

When the jury is sworn in.

Question 29

What is the **same offense** for **double jeopardy**?

Answer 29

Two crimes occurring out of the same transaction are considered the same offense, unless: 1. Each charge requires proof of: separate criminal impulse Or 2. Each charge requires proof of: separate factual element.

Question 30

What is the **separate sovereignties** **doctrine**?

Answer 30

The double jeopardy prohibition does not prevent dual prosecution by separate sovereigns. A ∆ may be prosecuted for the same criminal conduct by a Federal court and a state court.