Crim Pro2 Quiz3

The D’s right of discovery is based on what?

• due process clause

• 5th amendment

• 14th amendment

The government does have due process right to discovery

• True

• False

Answer explanation

The government (state/prosection) has no constitutional rights so they don't have any right to discovery like the D who rights are meant to protect

Rule 16(a) FRCrP requires the government to disclose what to the D?

• all the D’s statements

• the D’s criminal record

• docs and physical objects the prosecutor will seek to introduce at trial

• expert reports

• basis of experts’ opinion

Answer explanation

D's statements can be written, electronically recorded, or oral

__(2 words)__ includes grand jury testimony by a W, an interview LEO or US Atty of the W and must be disclosed for the defense to be able to use the info during cross exam

Answer explanation

This is a problem b/c the government does not have to disclose W’s pretrial stmts until AFTER the W testifies which does not give the D much time to prepare to cross-exam. The D will have to ask the court for time to review what is disclosed AFTER the W testifies

Judges don’t like to stop the trial for D to review Jencks material. So if there is not a standing order for disclosure of Jencks Material then you as the D must file a motion ahead of trial making a demand for pretrial disclosure of Jencks Material so it is provided to the D in a sufficient amount of time for the D to effectively use the Jencks material

Most federal judges will require the Jencks material be given to D prior to the start of trial

Jencks Only applies on the federal level

• True

• False

The Jencks Act (and Jencks material) only refer to a government witness or prospective government witness statements

• True

• False

Answer explanation

In the United States, the Jencks Act (18 U.S.C. § 3500) requires the prosecutor to produce a verbatim statement or report made by a government witness or prospective government witness (other than the defendant), but only after the witness has testified.

Rule 16(b) provides that if the D requests ​ (a)   from the government, the D has a ​ (b)   duty to provide docs and tangible objects it intends to introduce in its ​ (c)   , as well as access to experts’ reports and the basis for their ​ (d)  

• discovery
• reciprocal
• case-in-chief
• testimony

Rule 16 makes ​ (a)   of documents and tangible items to be made available to the D at ​ (b)   . Most federal districts have a ​ (c)   on discovery that the ​ (d)   makes the discovery available to the D. 

• discovery
• arraignment
• standing order
• prosecution

Rule 12.1 provides that the D upon the government’s request shall provide written notice of an alibi defense. Once such notice is provided, the government has the duty to provide the D with info regarding rebuttal W’s it will use to rebut the alibi defense.

• True

• False

Rule 12.2 requires the D to give notice of an intention to rely on mental/insanity defense at trial. Choose all that is true about this statement.

• If you are going to pursue an insanity defense at trial you must provide notice

• The notice is given when of the prosecution pleads not guilty by reason of mental defect or disease

• This is a complete defense