Expert: Darrin Bell - 3/13/2007

Question
1)If an out of court identification procedure is unduly prejudicial, does a trial court always have to supress an in court identification?
2) what are the factors that the trial court always have to supress an in court identification?
3)What  are the factors that the trial court should look at to determine whether an identification is reliable?why is this important?
4)If an attorney is defending a client in a jurisdiction that does not have the speedy trial rule which is in florida., and the client is complaining that the trial is taking too long. What factors would the court look at to determine if his rights under the constitution to a speedy trial has been violated?

5)What is the speedy trial rule in florida?

6)What are the factors that a judge must determine before he takes a plea from a defendant?
how does a Judge do this?
why would a defendant argue that plea bargaining violates his constitutional rights?

When a prosecutor threatens to file higher charges if a Defendant does not take a plea, are the defendant's rights violated?why or why not

Lastly, In a Jury trial can the prosecutor exclude a potential juror of the same race/and the same gender?what should an defense attorney do if it happens?

Answer
1.  they should if it is unduly prejudicial.
2.  depends on what the attorneys object to.
3.  factors are methods and reliability, this is important because we do not want to violate civil rights
4.  bond, if you get a bond most states do not guarantee you a speedy trial.
5.  i honestly do not know, but probably the same as most places.  speedy trial or bond.  you cannot leave someone in jail forever without a bond unless you give them a speedy trial
6.  competency, duress, weight of evidence.  listening to facts presented.  unless he was threatened, plea bargains do not violate constitutional rights.

plea bargains theoretically work for both sides and save the taxpayers money.  if the prosecutor has a legitimate case then no, if there is some other threat, then quite possibly

all attorneys get to strike so many jurors period for no reason.  so yes, this could happen.  the defense gets so many chances to challenge this strike, but so does the prosecutor.