Prosecution, Speedy Trial, Venue, Joinder/Severance

How long can police/prosecutors investigate and bring charges?

If they are within the statute of limitations, they can investigate as long as necessary and bring charges anytime

When does 6A right to speedy trial attach?

Once decision to prosecute is in motion (arrest/indictment)

What do statute of limitations protect against? If violated, what kind of dismissal is warranted?

Protects unreasonable delays between the crime itself and commencement of legal proceedings; dismissal without prejudice

What does 6A right to speedy trial protect against? If violated, what kind of dismissal is warranted?

Protects against unreasonable delays between arrest/indictment and trial; dismissal with prejudice

Is there legal protection between conviction and sentencing?

No

What is the 4-factor balancing test for deprivation of 6A right to speedy trial? Does D have to show all 4?

1. Length of delay

2. Reason for delay

3. D’s assertion of their right/extent they objected

4. Prejudice to D

D does not need to make a strong showing for all four. Example: 8.5 years between secret indictment and trial can be basis for dismissal if no good reason for delay

What is venue? Where is it proper? When is it determined?

the geographical location where trial is held; proper where the crime occurred; determined when charges are filed

If D challenges venue, what must P prove?

Venue is proper by the preponderance of the evidence

In the case of continuing crimes/crimes that occurred in multiple locations, where is venue proper?

Usually proper to prosecute in any district where the offense started, continued, or ended; where any part can be proved to have been done or where a predicate or necessary portion of the offense occured

What is vicinage?

6A right to be tried by a jury drawn from the community in which the crime occurred

Are vicinage and venue the same?

Usually, but a jury of vicinage may decide a case in which the venue has been moved to another district (?)

Can P move to change venue?

Only if D consents and the court agrees

When can D move to change venue?

If doing so would be of convenience for the parties/witnesses and in the interest of justice, or if prejudice against D is so great in that district that a fair/just trial is not possible

If prejudice against D is so great in that district that a fair/just trial is not possible, what must happen? What must D establish?

Venue must be changed; D must establish that a presumption of juror prejudice arose or that actual bias infected the jury

What is the three factor test for changing venue due to pretrial publicity?

1. Extent and tone of pretrial publicity

2. Size of community

3. Safeguards (jury instructions, screenings, etc)

When can charges be joined together?

When charged are of the same or similar character, are based on the same act or transaction, or are connected with/constitute parts of a common scheme or plan

When can Ds be joined together?

When Ds are alleged to have participated in the same act/transaction, or the same series of acts/transactions

What can the court do if joinder appears to prejudice a D or P?

sever charges, sever Ds’ trials, or other relief

What is a D’s two avenues to sever?

1. Misjoinder: Charges or Ds were not properly joined to begin with

2. Unfair prejudice: Joinder was proper but prejudices D

   1. Splliage effect of prejudicial evidence not cross-admissible among all Ds or all counts OR guilty by association can satisfy this

   2. Mutually antagonistic defenses does not automatically require severance, especially if they are merely offering different version of the facts to fault others