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CRIMINAL LAW PRETRIAL HEARINGS

Some of the many relevant hearings in criminal law.

  • Dunaway Hearing: A hearing to determine whether the prosecution's evidence should be suppressed because it resulted from a defendant's arrest without probable cause. 

 

Dunaway v. New York, 442 US 200, 99 SCt 2248 (1979)

 

  • Huntley Hearing: A hearing to determine whether a confession was given voluntarily and whether it was given in such a manner as to comply with the defendant's Fifthe and Sixth Amendment rights. Huntley was decided before the landmark decision of Miranda v Arizona and a Huntley hearing was orignially meant to determne the voluntariness of a confession. After Miranda, hwever, the hearing was expanded to incorporate Fifth and Sixth Amendment violations.

 

People v. Huntley, 15 NY2d 72, 255 NYS2d 838 (1965)

 

  • Mapp Hearing: A hearing to determine whether evidence should be suppressed because it has been involoation of the defendant's Fourth Amendment rights.

 

Mapp v Ohio, 367 US 643, 81 SCt. 1684 (1961)

 

  • Sandoval Hearing: A hearing to determine which portions of a defendant's prior record can be brought out by the prosecution at his trial if the defenant testifies.

       

People v. Sandoval, 34 NY2d 371, 357 NYS2d 849 (1974)

  • Wade Hearing: A hearing to determine whether an in-court identification should be suppressed as being in violation of the defendant's Sixth Amendment right to counsel.

       

US vs. Wade, 388 US 218, 87 SCt. 1226 (1967)