Trial Stages Flashcards

1
Q

What is a grand jury indictment?

A

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

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2
Q

What is a grand jury?

A

An investigatory tool used in an adversarial hearing.

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3
Q

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

A

No, because a ∆ is not in custody.

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4
Q

What is the purpose of bail?

A

To secure the presence of the accused at trial.

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5
Q

What is the Constitutional right to bail?

A

There is none.

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6
Q

When bail is appropriate, it should not be?

A

Excessive

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7
Q

What are the elements of a valid guilty plea?

A

∆’s plea must be:

  1. Voluntary

And

  1. ∆ must understand of what he is pleading guilty to.
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8
Q

Which Amendment guarantees the right to a speedy trial?

A

The 6th Amendment

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9
Q

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

A

Dismissal with prejudice

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10
Q

When does the requirement of a speedy trial begin?

A
  1. ∆ is accused by formal charging

Or

  1. ∆ arrested and held to answer for the crime.
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11
Q

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

A

Evidence that is:

  1. Favorable

And

  1. Material
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12
Q

What is the trigger to disclose favorable evidence?

A
  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.
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13
Q

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

A

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

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14
Q

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

A

When it is destroyed in bad faith.

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15
Q

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

A

They are given the right to effective counsel.

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16
Q

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

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

And

  1. Had the lawyer been effective it would have created a reasonable probability that the outcome would have been different.
17
Q

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

A

> 6 months

18
Q

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

A

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

19
Q

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

A

The equal protection clause.

20
Q

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

A

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

21
Q

What is the confrontation clause?

A

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

22
Q

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

A

Testimonial evidence

23
Q

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?

A

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

24
Q

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

A
  1. Under Oath

And

  1. Subject to cross-examination
25
Q

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

A

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

26
Q

What are the elements of double jeopardy?

A

A ∆ has been charged:

  1. Twice
  2. For the same offense
  3. By the same sovereign.
27
Q

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

A

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

28
Q

In a jury trial, when does jeopardy attach?

A

When the jury is sworn in.

29
Q

What is the same offense for double jeopardy?

A

Two crimes occurring out of the same transaction are considered the same offense, unless:

  1. Each charge requires proof of: separate criminal impulse

Or

  1. Each charge requires proof of: separate factual element.
30
Q

What is the separate sovereignties doctrine?

A

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.