Criminal Procedure - Pretrial ID, Grand Juries, Pretrial Detention

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  1. Types of Identifications
    • Line-ups: witness is asked to identify the perpetrator from a group of 3+
    • Show-ups: one-on-one confrontation b/t the witness and the suspect
    • Photo arrays: witness asked to pick out the perpetrator from a series of photos 6+
  2. Challenging Denial of the Right to Counsel
    • no 5th amendment right to counsel under the Miranda doctrine for any pretrial identification procedures
    • 6th Am: right to counsel for line-ups & show-ups that take place after formal charging ; no right at photo arrays
  3. Challenging Violation of Due Process
    pretrial ID violates 14th when it is so unncessarily suggestive that there is a substantial likelihood of misidentification
  4. Remedial Considerations
    • exclusion of a witness's in court identification
    • but, ID will be allowed if govt can prove that it is based on observations of the suspect other than the unconstitutional pretrial ID
    • Factors for govt. showing:
    • 1. witness's opportunity to view D at the crime scene;
    • 2. certainty of the witness's ID; and
    • 3. specificity of the description given to the police
    • issue indictments
    • proceedings are secret
    • VA specific:
    • req'd as part of charging process
    • Regular/Charging Grand Juries (5 to 9 jurors): considers bills of indictment prepared by the attorney for the CW and determines whether there is sufficient probable cause to return a true bill
    • Special/Investigative Grand Jury (9 to 11 jurors): investigates and makes a report (has limited power). Report filed with the court and then grand jury is discharged. Has power to subpoena. CW attorney inolved only if requested.
    • Multi-Jurisdictional Grand Jury: Acts across jurisdictional lines w/in VA to investigate and return indictments
    govt needs probable cause both to bind a D over for trial and to detain him in jail before trial
  7. Detention Hearings
    • a hearing to determine probable cause, but unnecessary if 1) grand jury has issued an indictment, or 2) a magistrate has issued an arrest warrant
    • 48 hours is presumptively reasonable
  8. First Appearance
    • soon after arrest, D must be brought before a magistrate who will
    • 1. advise of rights
    • 2. set bail, and
    • 3. appoint counsel, if necessary
  9. Bail
    decisions about bail are immediately appealable
  10. VA Bail
    • Accused has a right to bail unless there is probable cuase to believe 1) accused won't appear for trial, or 2) accused poses an unreasonable danger to himself or the public
    • If accused is denied bail, or bail is excessive, have right to immediate appeal
    • rebuttable presumption for no bail for violent crime
Card Set:
Criminal Procedure - Pretrial ID, Grand Juries, Pretrial Detention

Criminal Procedure - Pretrial Identification, Grand Juries, Pretrial Detention
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