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ISSUES OF LAW AND PROCEDURE

COURTROOM PRESENTATION OF
EVIDENCE
FEDERAL CASE LAW ON DISCOVERY

HENTHORN ISSUES       BRADY MATERIAL
? INFORMATION ABOUT   ? WHAT IS EXCULPADORY
 FEDERAL LAW          ? EVIDENCE?
 ENFORCEMENT
 IMPEACHMENT ISSUES
MORE FEDERAL ISSUES

JENCKS MATERIAL          GIGLIO ISSUES
? WHAT IS IT?            ? MUST TELL DEFENSE IF
? WHY DOES IT MATTER?      THERE IS A DEAL NOT TO
                           PROSECUTE.
? ALL WRITTEN REPORTS
? AND ORAL INFORMATION
? CONCERNING WHAT
  THEY WILL TESTIFY AT
  TRIAL.
CLUB FED DETENSION HEARING

1. IS DEFENDANT WHO YOU THINK HE IS?
2. INFORM OF CHARGES
3. APPOINT COUNSEL IF INDIGENT
4. IN DRUG CRIMES YOU MUST OVERCOME
  PRESUMPTION YOU WILL NOT APPEAR.
GRAND JURY-SECRET PROCEEDINGS

TRUE BILL OF INDICTMENT   NO TRUE BILL
? CANNOT REFUSE TO        MAY TAKE ADDITIONAL
  TESTIFY EXCEPT ON 5TH     SESSIONS OR TIME.
? AMENDMENT GROUNDS.
SPEEDY TRIAL FEDERAL V. STATE

? FEDERAL LAW 180 DAYS FROM CHARGING
  UNLESS WAIVER.
? STATE IS DEPENDENT
? UPON REQUEST AND
? CIRCUMSTANCES.
SENTENCING-

? CONCURRENT AND CONSECUTIVE
? PAROLE & PROBATION
? MISSOURI SIS,SES. 120 DAY CALL BACK
CLUB FED GUIDELINES NO FEDERAL
PAROLE
FEDERAL GUIDELINES AND PSI
1. FACT SHEET         ?   10. JUVENILE HISTORY
2. THE OFFENSE        ?   11. CRIMINAL CONVICTIONS
3. THE COUNDUCT       ?   12. CRIMINAL HISTORY COMPUTATION
4. CUSTODY STATUS     ?   13. OTHER CRIMINAL CONDUCT, ARRESTS
5. IMPACT ON VICTIM   PENDING CHARGES,
6. ADJUSTMENT FOR         14. PHYSICAL CONDITONS, FAMILY, MENTAL
   OBSTRUCTION OF         AND EMOTIONAL HEALTH, EDUCATION, SKILLS
   JUSTICE.                EMPLOYMENT, FINANCIAL CONDITION,
7. ACCEPTANCE OF          RESTITUTION
   RESPONSIBILITY
8. OFFENSE LEVEL
9. OTHER BEHAVIOR

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  • 1. ISSUES OF LAW AND PROCEDURE COURTROOM PRESENTATION OF EVIDENCE
  • 2. FEDERAL CASE LAW ON DISCOVERY HENTHORN ISSUES BRADY MATERIAL ? INFORMATION ABOUT ? WHAT IS EXCULPADORY FEDERAL LAW ? EVIDENCE? ENFORCEMENT IMPEACHMENT ISSUES
  • 3. MORE FEDERAL ISSUES JENCKS MATERIAL GIGLIO ISSUES ? WHAT IS IT? ? MUST TELL DEFENSE IF ? WHY DOES IT MATTER? THERE IS A DEAL NOT TO PROSECUTE. ? ALL WRITTEN REPORTS ? AND ORAL INFORMATION ? CONCERNING WHAT THEY WILL TESTIFY AT TRIAL.
  • 4. CLUB FED DETENSION HEARING 1. IS DEFENDANT WHO YOU THINK HE IS? 2. INFORM OF CHARGES 3. APPOINT COUNSEL IF INDIGENT 4. IN DRUG CRIMES YOU MUST OVERCOME PRESUMPTION YOU WILL NOT APPEAR.
  • 5. GRAND JURY-SECRET PROCEEDINGS TRUE BILL OF INDICTMENT NO TRUE BILL ? CANNOT REFUSE TO MAY TAKE ADDITIONAL TESTIFY EXCEPT ON 5TH SESSIONS OR TIME. ? AMENDMENT GROUNDS.
  • 6. SPEEDY TRIAL FEDERAL V. STATE ? FEDERAL LAW 180 DAYS FROM CHARGING UNLESS WAIVER. ? STATE IS DEPENDENT ? UPON REQUEST AND ? CIRCUMSTANCES.
  • 7. SENTENCING- ? CONCURRENT AND CONSECUTIVE ? PAROLE & PROBATION ? MISSOURI SIS,SES. 120 DAY CALL BACK
  • 8. CLUB FED GUIDELINES NO FEDERAL PAROLE
  • 9. FEDERAL GUIDELINES AND PSI 1. FACT SHEET ? 10. JUVENILE HISTORY 2. THE OFFENSE ? 11. CRIMINAL CONVICTIONS 3. THE COUNDUCT ? 12. CRIMINAL HISTORY COMPUTATION 4. CUSTODY STATUS ? 13. OTHER CRIMINAL CONDUCT, ARRESTS 5. IMPACT ON VICTIM PENDING CHARGES, 6. ADJUSTMENT FOR 14. PHYSICAL CONDITONS, FAMILY, MENTAL OBSTRUCTION OF AND EMOTIONAL HEALTH, EDUCATION, SKILLS JUSTICE. EMPLOYMENT, FINANCIAL CONDITION, 7. ACCEPTANCE OF RESTITUTION RESPONSIBILITY 8. OFFENSE LEVEL 9. OTHER BEHAVIOR