337 CJ Criminal ProcedureSpring Semester 2009 Study Guide 4 Terms and issues to remember: Complaint, information, indictment Initial (first) appearance Right to counsel via fifth and sixth amendmentswhen and where does it apply? Where/when does it not? Factors influencing prosecutors decision to charge Legal sufficiency vs. Trial sufficiency Riverside v. McLaughlin (48 hour rule) Indigency and the appointment of an attorney Bail and pretrial releasefactorsformal process Bell v. Wolfish---pretrial confinement Pro bono counsel mockery of justice standard for court appointed attorney reasonably competent standard for court appointed attorney double jeopardywhere found? When applied? Multiple prosecutions, separate sovereigns, mistrials Right to a speedy trial---constitutional standard vs. statutory requirements Change of venue motion Confrontation clause Juries---size, decision rule, unanimity requirements? Jury nullification Voir dire Effect of guilty plea Rehabilitation vs. Incapacitation, Deterrence vs. Retribution U.S. Sentencing guidelinesfixed vs. indeterminate sentences U.S. v. Brigham Death penaltyapplicability Appeals---direct vs. collateral attack Habeas corpus act of 1867state vs. federal habeas corpus Indigency and the appellate process
What are the purposes of the first appearance for a defendant? Define and differentiate between arraignment, initial appearance, indictment and information. What factors influence a prosecutors decision to formally charge a defendant? What discretion does a prosecutor have in these matters? Can a prosecutor be charged with improper or vindictive prosecution? In what settings? What types of pre trial release are available as options for a judge to provide in a given case? What factors go into this calculation? Is there a constitutional right to bail? Should there be?
What factors influence whether or not a defendant is denied bail? Is preventive detention constitutional? What is the 6th Amendment right to counsel? When does it attach and for whom does it apply? Define indigency. Can you represent yourself in a criminal trial? Under what circumstances pro can se representation be denied? What standards exist for proving your counsel was ineffective and you deserve a new trial? Define the major differences between grand jury and preliminary hearings. What are their purposes? Define the Blockberger test for double jeopardy. In what circumstances is the state barred from bringing a second trial against a defendant for the same offense? Explain collateral estoppel, separate sovereigns, and duplicity. What is venue and jurisdiction? What protections does a defendant have in terms of a speedy trial, both constitutional and statutory? How can a judge be recused from a trial? What is a motion to suppress? Is there a general standard for whether evidence is or is not allowed to be presented at trial? Define the federal and state requirements for jury size, composition, decision rule. What is a peremptory challenge and a challenge for cause. What is a Batson challenge? What is the confrontation clause and what rights does it confer on a defendant in terms of cross examining witnesses against him or her? How is a witnesss credibility attacked? What if the witness is the defendant? Describe the procedure used to protect vulnerable witnesses such as children in trials without violating the confrontation cl...