Professional Documents
Culture Documents
Pretrial Procedures and Adjudication in Criminal Law
Pretrial Procedures and Adjudication in Criminal Law
Most of these are not heavily tested compared to the other topics, but the Confront. Cl. and some other parts of the trial
process will likely show up
PRETRIAL PROCEDURES ADJUDICATION AND POST-ADJUDICATION
TRIAL
1
Right to a Speedy Trial
Look at tot. of circums. to determ. if D’s 6th Am. rt to speedy trial was violated: length of delay; if D asserted rt &
prejud. to D. Prosec. indef. suspend charges viols. 5th Am. rt. Rt. attaches when D has been arrested or charged.
Remedy: dismissal w/ prejudice.
-Right to a public trial; -Const. right for serious crimes (> 6 mos. of prison);
● Excess. pretrial publicity may req. change of -Must have > 6 jurors; 6 person juries must be unanim.,
venue or retrial; anything less than 8-4 verdict not OK to convict.
● Even if def. and prosec. agree to close the trial -Jurors should come from rep. cross-section of gen.
(6th and 14th Ams. guarantee rt. to a public trial), community
the press and public have a 1st Am. right to ● Cannot use peremptory challenges to excl. jurors
attend the trial itself. based on gender or race
-Right to an unbiased judge: -Jurors must be impartial
● Due process viol. if judge has act. malice against ● D can voir dire abt. race if race will come up at
D or fin. int. for trial to result in a guilty verdict; trial or for interracial capital crime;
● Serious crimes - judge should be trained in law ● Can’t excl. juror who expresses doubt about
-Due process also violated if: death pen., death sent. where such juror excl.
● Trial ran in such way that jury unlikely gave evid. must be overturned; but, juror who likes death
reas. consideration; pen. must be excl. for cause
● State forces D to stand in prison clothes or -If subst. law allows for sent. longer than stat. max. if can
visibly shackled; show addtl facts, proof of facts must be submitted to jury
● Jury exposed to influence fav. to prosec. and proved b/y reas. doubt (same for fines)
-Viol. of 6th Am. Rt. to Counsel during trial results in -D in crim. trial has rt. to confront adv. Ws (need not be
auto. reversal of conviction; face to face)
-D can waive rt, if judge finds waiver was knowing & -Co-D’s Confession
intell. and based on emot. & psych. state, D is compet. ● Confront. cl. prohibits using a confession by one
to proceed pro se (no rt. to self rep. on appeal) Co-D against other if implicates him, except:
-Effective Assistance of Counsel ○ All portions to other Ds must be elim’d;
● Gen. presume counsel provided effect. assist.; ○ Confessing D takes stand and subjs.
● For IAC, must show: himself to cross-X; or
○ Deficient perform. by counsel; and ○ Confession of non-testifying D being
○ But for defic., result of proceed. would used to rebut D’s claim that confession
have been difft. was obtained coercively
○ For plea bargain - must show that -Prior Testimonial Statement of Unavail W:
outcome of plea process would be difft. Can’t use prior testimonial evid. unless decl. is unavail &
w/ compet. advice; D had prior opp. to cross-X decl. when statement was
○ IAC also if counsel fails to inform abt being made
deportation risk ● Testimonial - statements from prelim. hearing,
-Conflicts of Interests: grand jury hearing, other trial, or police interrog.;
● Ct. fails to refuse to appoint sep. counsel, and ● Not testimonial - statements made for an
atty advises trial ct. of result. C/I, auto. reversal; ongoing emergency: 911 call; maybe for
● No rt to jt. rep. w/ co-Ds if govt can show pot. C/I statements not made to law enforcement;
-If will plead insanity, state must provide psych for prep ● Confront cl. can be forfeited by wrongdoing -
of the def.; where W’s unavail. was due to D keeping him
-No rt. to consult with atty while testifying & be sep.’d out from testifying
from atty during short breaks