I. Pretrial Release- 786-812
· Bail and Other Release Mechanisms
o Stack v. Boyle
§ Bail must be set as to each individual defendant in an amount reasonably calculated to ensure the presence of the accused at trial.
· Preventive Detention
o United States v. Salerno
§ Bail Reform Act of 1984 which allows court to hold people without bail if they find those people dangerous to any other person and the community is CONSTITUTIONAL.
II. Case Screening 813-855
· Prosecutorial Discretion in Charging
o Standards of the Bar- 4 Points
§ Not obligated to bring all charges
§ Shouldn’t bring charges if:
ú knows not supported by probable cause
ú absence of “sufficient admissible evidence”
§ Number of charges: not greater in number or degree than reasonably supported by evidence at trial or necessary to fairly reflect gravity of offense
§ Necessary witnesses who refuse to testify: Depends on seriousness (can subpoena (more serious case) or can decline to prosecute (less serious case))
o Constitutional Limits on Discretion in Charging
§ United States v. Armstrong
ú Guy who said he was being prosecuted because he was black.
ú LAW- A criminal defendant bringing a selective prosecution claim must make a credible showing of different treatment of similarly situated persons in order to obtain discovery in support of the claim
· DISCOVERY- Must show some evidence tending to show
· WIN MOTION- Must show “presumption of regularity” in charging decisions unless “clear evidence to the contrary”
ú Test similar to equal protection claim- claimant must show both discriminatory effect (similar people of different race weren’t prosecuted) and discriminatory purpose
§ US v. Bass
ú Raw stats regarding overall charges say nothing about charges brought against similarly situated defendants
§ Blackledge v. Perry
ú Dude was convicted for misdemeanor assault, got new trial, then was charged and pled guilty to felony assault
ú When a defendant invokes a statutory right to a new trial (trial de novo), the prosecution may not bring a more serious charge than the first case
· Judicial Screening of Cases- Preliminary Hearing
o If held in jail for over 48 hours, 4th amendment requires a judicial finding of probable cause to believe that D committed the crime.
o Coleman v. Alabama
§ A preliminary hearing is a critical stage of a criminal prosecution where the absence of council for the defendant might put D’s fair trial rights in jeopardy
§ Generally critical stages are proceedings that can result in the possibility of adverse findings or consequences to a person
ú Examples of Critical Stages- Police Interrogation, Interrogations after accused has been charged, Postindictment lineup, any appearance at which plea or defense must be made, preliminary hearing, and sentencing.
o Attorney’s importance at PTH
§ Expose weaknesses in State’s case
§ Cross examination at PTH can be used for impeachment at trial, discovery tool, psychiatric exam, bail, etc…
· Grand Jury Screening of Cases
o US v. Williams
§ A DC may not dismiss an otherwise valid indictment because the government failed to disclose to the grand jury substantial exculpatory evidence in its possession
§ In some instances, indictment can be dismissed for bad behavior in front of grand jury but has to be severe offense
III. Preparing for Adjudication 856-933
· 5th Amendment privilege and Grand Jury Function
o No person…shall be compelled in any criminal
o case to be a witness against himself.
o 5th Amendment ONLY violated if:
§ (1) Compel the witness
ú subpeoaned- compelled
ú production of documents- depends
· Fisher v. United States- tax documents prepared by accountants- tax payers had to turn over/ not testimonial
· If it makes person admit anything or it’s the person’s own work- it’s probably protected by 5th
§ (2) To testify
ú requires a communicative act
· certain things like standing in a lineup or wearing an item of clothing are not communicative acts
ú is there thought t
When the court orders a transfer, the clerk must send to the transferee district the file, or a certified copy, and any bail taken. The prosecution will then continue in the transferee district.
ú (d) Time to File a Motion to Transfer.
· A motion to transfer may be made at or before arraignment or at any other time the court or these rules prescribe.
§ US v. Rodriguez-Moreno
ú Prosecuted for acts that were legal in the venue state but not in one of the states D commit the bigger crime he was being prosecuted for.
§ Murphy v. Florida
ú Juror exposure to information about a state defendant’s prior convictions or to news accounts of the crime with which he is charged do not alone presumptively deprive the defendant of due process.
ú The voir dire in this case indicates no such juror hostility to petitioner as to suggest a partiality that could not be laid aside. Though some jurors vaguely recalled the robbery and each had some knowledge of petitioner’s past crimes, none betrayed any belief in the relevance to the robbery case of petitioner’s past, and there was no indication from the circumstances surrounding petitioner’s trial or from the number of the panel excused for prejudgment of petitioner, of inflamed community sentiment to counter the indicia of impartiality disclosed by the voir dire transcript. Thus, in the totality of the circumstances, petitioner failed to show inherent prejudice in the trial setting or actual prejudice from the jury selection process.
§ Irvin v. Dowd
ú Jurors impartial if
· they can lay aside impressions formed
· render verdict based on evidence in court