06 Pretrial Procedures

A preliminary hearing to determine probable cause to detain must be held within a reasonable time, such as […], if not already determined and liberty is significantly constrained.

48 hours

Evidence discovered as a result of an unlawful detention due to denial of a timely preliminary hearing can be excluded under the […].

exclusionary rule

Most state constitutions create a right to be released on bail unless the charge is a […] one.

capital

Generally, bail can be set no higher than is necessary to assure the defendant's […] at trial.

appearance

The federal […] allows arrestees to be held without bail if they pose a danger or would fail to appear at trial.

Bail Reform Act

Standards for commitment and release of defendants incompetent to stand trial must be essentially identical with those for persons not charged with a crime to avoid denial of […].

equal protection

T/F: The Fifth Amendment right to indictment by grand jury has been incorporated into the Fourteenth Amendment.

F

A written accusation of the crime prepared and presented by the prosecutor is known as an […].

information

Grand jury proceedings are conducted in […].

secret

T/F: A defendant has the right to notice that the grand jury is considering an indictment against them.

F

T/F: A defendant has the right to be present and confront witnesses at grand jury proceedings.

F

T/F: A defendant has the right to introduce evidence before the grand jury.

F

A witness subpoenaed to testify before the grand jury does not have the right to receive […].

Miranda warnings

T/F: Witnesses are entitled to a warning that they are a "potential defendant" when called to testify before the grand jury.

F

Witnesses have no right to have an […] present during grand jury testimony.

attorney

A grand jury may base its indictment on evidence that would be […] at trial.

inadmissible

An indicted defendant may not have the indictment quashed on the ground that it is based on [..1..] obtained [..2..].

illegally, evidence

T/F: There is a right to challenge a grand jury subpoena on Fourth Amendment grounds if the grand jury lacked probable cause.

F

A conviction from an indictment by a grand jury where minority members were excluded will be […] without regard to harmlessness.

reversed

A Sixth Amendment speedy trial violation is determined by an evaluation of the [..1..] of the [..2..].

totality, circumstances

The four factors considered for a speedy trial violation are: length of delay, reason for delay, whether defendant asserted their right, and […] to defendant.

prejudice

The remedy for a violation of the right to a speedy trial is […] with prejudice.

dismissal

The right to a speedy trial attaches once the defendant has been [..1..] or [..2..].

arrested, charged

If a defendant is charged and incarcerated in another jurisdiction, […] efforts must be used to obtain their presence for trial.

reasonable

T/F: It is a violation of the right to a speedy trial to permit the prosecution to indefinitely suspend charges.

T

T/F: The defendant must know of the charges for speedy trial rights to attach.

F

The government has a duty to disclose [..1..], [..2..] evidence to the defendant.

material, exculpatory

Failure to disclose exculpatory evidence violates Due Process if the evidence is favorable and […] has resulted, meaning a reasonable probability of a different outcome.

prejudice

If a defendant plans an alibi or insanity defense, they must […] the prosecution.

notify

If an alibi defense is used, the defendant must give the prosecution a list of their […].

witnesses

The prosecution must give the defendant a list of witnesses it will use to […] an alibi defense.

rebut

T/F: The prosecutor may comment at trial on the defendant's failure to produce a witness named as supporting their alibi.

F

Insanity is a defense based on the defendant's mental condition at the time of the [..1..], while incompetency to stand trial is a bar to trial based on mental condition at the time of [..2..].

crime, trial

A defendant acquitted by reason of insanity may not be [..1..] and [..2..].

retried, convicted

A defendant is incompetent to stand trial if they lack a rational understanding of charges or lack sufficient present ability to [..1..] with their [..2..].

consult, lawyer

The state may place the burden on the defendant to prove incompetency by a […] of the evidence.

preponderance

Requiring the defendant to show incompetency by "[…]" evidence is unconstitutional.

clear and convincing

A defendant who successfully asserted the insanity defense may be confined to a mental hospital for a term […] than the maximum period of incarceration.

longer

T/F: A defendant can be indefinitely committed after regaining sanity merely because they cannot prove themselves not dangerous.

F

Excessive pretrial publicity prejudicial to the defendant may require a [..1..] of [..2..] or retrial.

change, venue