CrimProc Rules 4

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CrimProc Rules 4
2010-07-13 13:02:05
PreTrial Procedures

PreTrial Procedures
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  1. Admissibility or pre- and post-indictment identifications
    Two prong test:

    • Was idendification procedure impermissibly suggestive
    • Was identification nonetheless reliable?

    Remedy to suggestiveness:

    out-of-court identification will be suppressed, but in-court identification will be admissible if prosecution can establish clear and convincing evidence that the identification was made from sources independent of the impermissibly suggestive lineup
  2. Preliminary hearsings
    Felony charges must be brought through indictment of a federal grand jury under 5th amendment.

    In NY, defendants charged with a felony have right to preliminary hearing, except when charged by way of a grand jury.
  3. Competency
    Defendant must be competent to stand trial

    Competent when defendant understands the nature of the proceedings against him and has the ability to consult with a lawyer with reasonable degree of rational understanding.
  4. Grand Jury
    In NY, btwn 16 and 23 members requireing vote of 12 to indict, based on legally sufficient evidence that would be admissible at trial.

    Non-adversarial proceeding, and defendant has no right to present or confront witnesses, or to introduce evidence.

    Prosecutor advises grand jury of the law and assists in issuing subpoenas.

    Witnesses have no right to counsel in grand jury room, but may leave proceeding to consult counsel.

    Grand jury can hear evidence not admissible at trial.
  5. State's duty to disclose
    State must provide any exculpatory material evidence. Failure to do so is grounds for reversal.