Day 6: Discovery, Grand Juries, and the Art of the Plea
The prosecution has a constitutional duty to turn over evidence that is favorable to the defendant.
Does the prosecution have to disclose this evidence? Check all that apply:
The 5th Amendment right to a Grand Jury is one of the few rights not incorporated to the states. It remains a federal requirement for felonies.
| Feature | Grand Jury | Petit (Trial) Jury |
|---|---|---|
| Purpose | Determine Probable Cause | Determine Guilt/Innocence |
| Secrecy | High (Secret proceedings) | Public proceedings |
| Counsel | No right to counsel inside room | Right to counsel present |
| Standard | Probable Cause | Beyond Reasonable Doubt |
The first formal appearance where the defendant is informed of the charges and enters a preliminary plea. This triggers the 6th Amendment Right to Counsel.
Bail Rule: The Constitution prohibits "excessive" bail, but it does not grant an absolute right to bail. Defendants can be held without bail if they are a flight risk or a danger to the community.
Because a guilty plea waives several constitutional rights (Trial by Jury, Confrontation, Self-Incrimination), the judge must ensure the plea is Voluntary and Intelligent.
Before accepting a plea, the judge must address the defendant on the record regarding:
Note: A prosecutor who breaks a plea bargain promise violates Due Process (Santobello v. New York).
Question: During a plea colloquy, the judge fails to mention that the defendant is waiving his right to confront witnesses. Is the plea still valid?