Define
grand jury
Group of people who act as an investigative body to determine whether there is sufficient probable cause to bring charges against a suspect. Required for all criminal felonies charged by the federal government.
More info: Grand Juries
Define
grand jury indictment
Issued by the grand jury upon a finding of probable cause in light of all the evidence presented. Formally charges D with the crime.
Are witnesses entitled to Miranda warnings in a grand jury proceeding?
No, because witnesses are not in a custodial interrogation. This is true even when the witness is the defendant.
Are grand jury proceedings conducted in secret?
Yes, complete secrecy. There is no judge present, only the prosecutor and witnesses called by the grand jury are present.
Does D have a right to present evidence or confront witnesses in a grand jury proceeding?
No
Is the prosecutor required to disclose exculpatory evidence in a grand jury proceeding?
No
What rights does a witness have in a grand jury proceeding?
Permission to leave the grand jury room and consult with their lawyer outside before answering a grand jury question.
⚠️ Remember: There is no right to counsel in a grand jury room, because the proceedings are closed and secret.
Does double jeopardy attach as a result of grand jury proceedings?
No, failure for a grand jury to issue an indictment does not preclude another jury from issuing an indictment for the same crime later on.
Can a grand jury hear evidence that would be inadmissible at trial?
Yes, can hear evidence that would be inadmissible at trial, including hearsay or illegally obtained evidence.
What actions can a grand jury take pursuant to its investigatory powers?
- Subpoena witnesses
- Subpoena documents
What is the purpose of bail?
To secure the presence of the accused at trial, and to ensure the safety of the community (and witnesses).
What is the constitutional right to bail?
There is no absolute constitutional right to bail, but the decision to deny bail must comply with Due Process, which requires the denial is not arbitrary.
Any decision to deny bail is immediately appealable.
At what relative amount should bail be set?
No higher than is necessary to ensure D appears at trial. Excessive or arbitrary bail is unconstitutional.
When is a pretrial hearing to determine if probable cause exists required?
- There has been no grand jury indictment or judicial issuance of probable cause;
- D has been arrested or released on bail; and
- It is within 48 hours of D’s arrest (hearing must be held within 48 hours)
What are the elements of a valid guilty plea?
Must be voluntarily and intelligently made. D must understand:
- The nature of the charge and its elements;
- The maximum authorized sentence and any mandatory sentencing;
- They have a right to plead not guilty; and
- They are waiving their right to a jury trial
What is the right to a speedy trial?
Guarantees that D is entitled to a speedy trial under the 6th Amendment.
⚠️ Note: If government deliberately delayed trial to harass D, and the delay resulted in prejudice, this is also a Due Process violation
When does the right to a speedy trial “attach” or begin?
When the defendant is arrested or charged, whichever is first
What factors do courts balance in determining whether D’s right to a speedy trial has been violated?
Courts balance the following:
- Length of delay;
- Reason for the delay;
- Whether D asserted his right to a speedy trial; and
- Amount of prejudice to D resulting from the delay
What is the remedy if D’s right to a speedy trial is violated?
Dismissal of charges with prejudice
The prosecution is required to disclose what type of evidence?
Material evidence that is exculpatory for the defense (including evidence that would impeach a prosecution witness) that is known to the prosecution or police.
What is the consequence if a prosecutor fails to disclose materially exculpatory evidence?
D is entitled to a reversal if:
- Evidence was exculpatory; and
- Failure to disclose likely affected the outcome of the trial and prejudiced D
When does the right to a jury trial exist?
For any crime that authorizes a sentence of greater than 6 months (regardless of the actual sentence imposed)
Can D waive their right to a jury trial?
Yes, as long as D voluntarily waives the right. Will result in a bench trial.
A jury must have ______ jurors
At least 6
