Crim Pro2 Review Q's

Does the D have a constitutional right to present evid and testify before a GJ?

• Yes

• No

Answer to #1

• 1 year

• 2 years

• 3 years

Answer to #2 (4 words)

Does the D have a constitutional right to have his lawyer present at the GJ

• Yes

• No

If the GJ returns an indictment, can the government still refuse to prosecute the accused on said indictment

• Yes

• No

A federal D can be detained pretrial. In order to do so, the U.S. magistrate Judge must make what finding or findings?

Answer explanation

Being destined pretrial is a fancy way of saying you are being held w/o a bond. The court must make written findings that there are no conditions or combination of conditions that would ensure the D’s presence in court (the D is a flight risk) when required to do so or for the safety of the community at large and/or a danger to any particular person. These findings are made at a detention hearing. 

In federal court if a D is looking at a sentence of 10+ years there is a presumption in favor of detention.

What is the evidentiary standard the Magistrate judge must apply to his or her finding or findings

• probable cause

• preponderance of the evidence

• beyond a reasonable doubt

• clear and convincing evidence

Al and Amy are arrested and charged with armed bank robbery of the Wells Fargo Bank. The police interrogated both, but Al asserted his 5th Amendment right and requested to speak to his lawyer. Amy on the other hand gave a full and complete vidio taped confession implicating her and Al in the bank robbery. At a joint trial, the government attempts to introduce Amy's confession and play the video in its entirety for the jury. Al's defense counsel should:

• Object on the grounds of Crawford v. Washington

• Move for a mistrial

• Object on the grounds of Bruton v. U.S.

• Call Amy as an adverse W to attack her credibility by exposing that she had a motive to lie and shift blame

Can the prosecution enforce the terms of a plea bargain against a D

• Yes

• No

Answer explanation

The plea agreement is a contract

Does the due process clause of the 5th & 14th Amendments require the prosecution to preserve evidentiary material that might be useful to the accused?

• Yes, b/c the material might be exculpatory and discoverable under Brady v. Maryland and its progenies

• No, absent bad faith on the part of the prosecution or any of its agents

Answer explanation

Key word here is might be useful. It has to be useful NOT might be. If the prosecution has exculpatory evid they are required to turn it over to the defense (whether there is a request or not). D cannot deliberately get rid of evid.