Constitutional Law Test 3 (Chapters 7-10)

The Fourth Amendment framework for analyzing government workplace searches was established in O'Conner v. Ortega. Application of the Fourth Amendment requires the Court to answer two questions:

1. Did the officer have a reasonable expectation of privacy in the subject of the search? 2. If so, was the police department's work-related intrusion into the officer's privacy justified?

Three types of discrimination claims

1. Disparate treatment 2. Disparate impact 3. Harassment

The right to security in one's person encompasses the three interests people have in their bodies:

1. Freedom of movement 2. Bodily privacy 3. Bodily integrity

The Supreme Court held that destruction of evidence by the police constitutes a denial of due process only if the evidence

1. Has an exculpatory value that is apparent to police at the time it is destroyed. 2. Is of such a nature that it cannot be replaced by other reasonable available means.

A lawful custodial arrest confers automatic authority to search a suspect's outer clothing for evidence of crime, contraband, and weapons, even though police lack probable cause to believe that anything incriminating will be found. However, it does not confer authority to:

1. Inspect the suspect's private parts 2. Search below the surface of the body 3. Remove bodily fluids, tissues, or residues

The Fourth Amendment entitles employees who have a property right in their job a hearing contest the department's decision to terminate them. A hearing provides a valuable safeguard against mistaken decisions. The hearing must, at a minimum, include

1. Notice of the charges 2. A hearing before an impartial decision-maker 3. An opportunity to challenge the department's evidence 4. An opportunity to present testimony.

Police use three separate procedures for pretrial identification

1. Photographic identifications 2. Showups 3. Lineups

The following pretrial judicial proceedings have been recognized as critical stages:

1. Preliminary Hearing 2. Bail Hearings 3. Arraignment

Criminal Prosecutions are generally initiated in one of the following four ways:

1. Preliminary Hearing 2. Information 3. Indictment 4. Arraignment

Levels of Fifth Amendment Protection

1. Suspects have the right to remain silent during custodial interrogations. 2. Criminal defendants have a right to remain silent at their criminal trial. 3. In all other legal contexts, citizens have a right not to answer specific questions that might incriminate them, but are not exempt from testifying.

Courts have applied the exigent circumstance exception to the three situations involving searches for bodily evidence:

1. Taking blood, breath, or urine samples to perform tests for alcohol intoxication 2. Swabbing residues left on the skin 3. Reaching into a suspect's mouth to prevent evidence from being swallowed.

Retained Counsel

An attorney hired and paid for by the accused.

Appointed Counsel

An attorney provided by the government free of charge to an indigent person.

Showup

An identification procedure in which police bring the suspect to the victims or a witness for identification.

Maryland v King

U.S. Supreme Court decision that endorsed the legality of collecting DNA samples from individuals arrested but not yet convicted of serious offenses.

Garcetti v. Ceballos

distinguishes between official and private speech, government entity has broader discretion to limit speech of its employees in their official duties and responsibilities

What guarantees fairness in a criminal trial?

due process clause

What post trial proceeding do still have right to counsel?

habeas corpus

What is contempt of court?

inhibiting justice and not complying to the court orders.

Kyles v. Whitley (1995)

materiality (relevance) of undisclosed evidence is determined by looking at totality of effect of evidence, not just one item.

What does it mean when you take the 5th?

not to incriminate yourself

What can make a line up be excluded under the exclusionary rule?

one white guy and the rest are black - too suggestive

What can you get charged with when you lie in court?

perjury

If a police officer perform their duties objective and reasonable and they are sill sued for liability they are protected by what type of immunity?

qualified immunity

Pre-identification is excluded under the exclusionary rule and the identification at will be thrown out because of what rule?

the derivative rule or the fruit of the poisonous tree.

What is double jeopardy?

the prosecution of a person twice for the same offense.

When does double jeopardy apply in a trial by jury?

when jury is sworn in

When does double jeopardy apply in a bench trial (judge)?

when the first witness is sworn in

Eighth Amendment Standards for Treatment of Prisoners: Conduct Regulated by the Eighth Amendment

- Application of physical force - Failure to attend to a prisoner's basic human needs.

Constitutional Right to Trial by Jury

- Constitutional Entitlement: Only for offenses carrying a penalty of six months or more in jail. - Required Number of Jurors: Twelve in federal courts; no fewer than six in state courts. - Selection Process: Jury venires must be drawn from a source that is fairly representative of the community. Peremptory strikes may be used to exclude potential jurors solely because of their race of gender. - Need for Unanimity: Required in federal trials, but not in state trials unless the jury comprises only six persons.

Procedures that Yield Appearance Evidence Examples

- Fingerprinting - Photographing - Lineups - Handwriting - Voice Samples - Field Sobriety Tests

What is the Eight Amendment?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

To be regarded as a critical stage the event must have the following characteristics:

- First, it must take place after a criminal prosecution has been initiated. (where suspect becomes the accused) - Second, the event must involve an adversarial confrontation between the government and the accused or, in other words, and encounter in which the accused and a representative of the government are both present. - Finally, the encounter must be of such a nature that important rights may be lost, defenses waived, or the fairness of the trial placed in jeopardy if the defendant is forced to proceed without the guiding hand of counsel.

Constitutional Requirements for Pretrial Identification: Procedure: Showup and Lineup

- Fourth Amendment Requirements: Pretrial identification testimony if the identification was made while the suspect was illegally in police custody, but the witness will be allowed to identify the suspect in court if the courtroom identification is based on independent recollections acquired at the time of the crime. - Due Process Requirements: Police must: 1. Select and identification procedure that is appropriate under the circumstances 2. Avoid unnecessary suggestiveness in conducting the procedure. - Sixth Amendment Requirements: The Sixth Amendment applies only to showups conducted after initiation of prosecution. Before conducting a critical stage showup, police must either obtain a wavier of the right to counsel, secure appointed counsel, or wait for retained counsel to arrive.

Constitutional Requirements for Pretrial Identification: Procedure: Photographic Identification

- Fourth Amendment Restrictions: Identification testimony will be suppressed if the identification was made from a photograph obtained through a premeditated violation of the Fourth Amendment committed to obtain the photograph, but the witness will be permitted to make an in-court identification is based on independent recollections acquired at the time of the crime. - Due Process Requirements: Police must: 1. Select an identification procedure that is appropriate under the circumstances. 2. Avoid unnecessary suggestiveness in conducting the procedure. - Sixth Amendment Requirements: The Sixth Amendment is inapplicable.

First Amendment Protection for Work-Related Speech on a Matter of Public Concern

- If the officer prevails on the first two inquires, protection will be determined by balancing: 1. The value of the officer's speech against 2. Its adverse effect on the police department.

Qualified Immunity

- Police are immune from liability for violating a constitutional right if: 1. The right was not clearly established at the time of the challenged action 2. A reasonable public official, faced with these facts, could have believed that the action taken complied with the existing constitutional standard.

Duty to Disclose Exculpatory Evidence

- Police have a duty to make sure that the prosecutor is aware of all evidence known to the police or anyone under their control that may help to: 1. Show that the defendant is innocent. 2. Counter the prosecution's version of the events 3. Challenge the credibility of key prosecution witness.

Duty to Preserve Exculpatory Evidence

- Police have a duty to preserve physical evidence that: 1. Has an exculpatory value that is apparent to them 2. Is of a type that the dense cannot obtain by other means

Justifications Needed for a Work-Related Search

- The justification needed for a search that intrudes on an officer's workplace privacy varies with the police department's reason for searching. - Noninvestigatory workplace searches require no justifications beyond a legitimate work-related need. - Investigatory workplace searches require reasonable suspicion that the search will turn up evidence of work related misconduct. - Criminal investigations into work-related misconduct require probable cause and a search warrant.

Elements of a 42 U.S.C 1983 Claim

- Police officers are civilly liable under 1983 when 1. Act under color of state law 2. In depriving an individual of a constitutional right.

Bodily Evidence

- Refers to evidence taken from a suspect's body by: 1. Searching parts not normally exposed to the public 2. Penetrating the body's surface 3. Taking biological or foreign materials

Appearance Evidence

- Refers to evidence that can be taken from a suspect's body without: 1. Searching areas not normally exposed to the public. 2. Penetrating the surface 3. Removing biological or foreign materials. - These procedures are considered routine incidents of a lawful arrest and require no justification beyond grounds for arrest.

Examples of Bodily Evidence

- Removing incriminating residues from the body's surface - Taking X-rays - Conducting strip searches and body cavity searches - Taking body tissue and fluids for forensic analysis - Reaching into a suspect's mouth or pumping his or her stomach to recover evidence - Operating on a suspect under general anesthesia to retrieve a foreign object needed as evidence.

Eighth Amendment Standards for Treatment of Prisoners: Mental State Necessary to Incur Liability

- Sadistic intent to injure the prisoner. - Deliberate indifference in the face of awareness that a prisoner's basic human needs are not being met.

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

The most common procedures involving appearance evidence are:

- Station House Lineups - Show Up Identifications at the Crime Scene - Photographing, measuring, fingerprinting, and taking handwriting and voice exemplars - Field Sobriety Tests

Prerequisites for Application of the Fifth Amendment

- Testimony, compulsion, and self-incrimination are necessary for the Fifth Amendment to apply. 1. Testimony includes words or actions that disclose things a person knows. 2. Compulsion occurs when the disclosure is obtained by threatening serious consequence if the information is withheld. 3. Information is self-incriminating when it exposes the maker to a risk of criminal prosecution.

Photographic Identification

A pretrial identification procedure in which a group of photographs is shown to the victim or a witness to determine whether an identification can be made.

Requirements for Death Penalty Sentencing Laws

- To be constitutional, death penalty sentencing laws must incorporate all six of the following safeguards. 1. The death penalty may be imposed only for crimes that involve the taking of a human life. 2. The sentencer must have the discretion to decide whether the death penalty is appropriate. 3. Sentencing discretion must be channeled by establishing statutory aggravating factors that must be present to warrant imposition of the death penalty. 4. Defendants must be afforded an unrestricted opportunity to offer evidence that might convince the tribunal to show compassion and withhold the death penalty. 5. The trial must be conducted in two phases, with the sentencing phase kept separate from the guilt phase. 6. The death penalty may not be imposed on offenders who are under the age of 18, mentally retarded, or criminally insane.

Pretrial Identification procedures are used for two main purposes:

- To verify that the police have apprehended the right person and to generate evidence for use at trial

Constitutional Restrictions on Compulsory Self-Incrimination: Constitutional Provision: Fifth Amendment

- Type of Incriminating Evidence: Testimony - Scope of Restriction: The government is prohibited from compelling suspects to disclose knowledge of their criminal activity.

Constitutional Restrictions on Compulsory Self-Incrimination: Constitutional Provision: Fourth Amendment

- Type of incriminating evidence: Physical evidence - Scope of Restrictions: The government may compel suspects to permit use of their body to produce evidence when it has grounds for the initial seizure and for any further invasion o privacy or bodily integrity that the compelled production of the evidence entails.

Public Concern Requirement

- Whether speech involves a matter of public or private concern is determined from the: 1. Content: Speech alleging official misconduct, waste of public funds, systematic discrimination, and hazards to public health or safety are always a matter of public concern. Speech that deals with personnel grievances and internal office affairs is almost never a matter of private concern. 2. Form: including whether the speech was addressed to a public or private audience. 3. Context: Such as whether the communication was made against the background of an employment dispute or had a broader public purpose.

When can a police officer invoke the First Amendment at the workplace?

- acting as a capacity of a private citizen - topic of public concern - balancing test: does the speech outweigh the adversarial of the police department

Unlimited challenges during the jury voire?

- challenges of cause - peremptory challenges: limited

Ineffective counsel example and why?

- compacity (drunk, etc.) - did not pass the bar - was not reasonable

Manual Body Cavity Search

A search of rectal or genital cavities that includes touching or probing.

A public official can drug without cause because

- in a occupation (doctor, police officer, fire fighter, etc.) that deal with public safety.

Under judicial review, what can the Supreme Court declare unconstitutional?

- lower court cases - executive orders - statutes

What might make a show up unconstitutional?

- time (days after the crime) - Distance - Suggestive (cannot point and ask if that is the guy)

An example of a speedy trial violation

-extremely long wait for trial

Where do they get jury venire?

-utility bills - driver licenses - voter registration

Normally, the only way imprecise constitutional language can provide concrete guidance in a particular case is if there is an authoritative precedent applying the constitutional language to a case with materially similar facts and declaring the conduct unlawful. An authoritative precedent generally requires:

1. A closely analogous case decided by the Supreme Court. 2. On-point case law decided by federal court in the officer's own circuit. 3. A strong consensus of case law authority from other jurisdictions.

The American Bar Association has promulgated a set of guidelines governing pretrial release of information by lawyers, prosecutors, judges, and law enforcement officers. Disclosure of the following matters carries a substantial likelihood of prejudicing criminal proceedings and there should be avoided:

1. A suspect's prior criminal record 2. A suspect's character or reputation 3. Opinions about the suspect's guilt, the merits of the case, or the strength of the government's evidence. 4. The existence or contents of confessions or inculpatory statements, or a suspect's refusal to make a statement. 5. The outcome of examinations or laboratory tests or the suspect's refusal to cooperate. 6. The identity, expected testimony, criminal records, or credibility or prospective witnesses. 7. The possibility of a plea bargain, guilty plea, or other disposition. 8. Any other information that the officer knows or has reason to know would be inadmissible as evidence in a trial.

Physical evidence derived from a suspect's body falls into two categories:

1. Appearance Evidence 2. Bodily Evidence

Although a discriminatory intent must be established to recover on this theory, such intent will be inferred when the plaintiff proves that he or she:

1. Belongs to a protect class 2. Was qualified and/or performed satisfactorily 2. Was subjected to adverse employment action 4. That similarly situated individuals not in his or her protected class received more favorable treatment.

Claims of ineffective representation can be raised on appeal and also through habeas corpus review. Although numerous claims are lodged each year, few are found meritorious because defendant must prove not only that

1. Counsel's performance was deficient (i.e. fell below reasonable professional standards) 2. The outcome would probably have been different had the representation been adequate

The following matters are considered appropriate subjects for public comment:

1. The accused's name, age, residence, occupation, and family status. 2. The identity of the victim (if release of this information is not otherwise prohibited by law.) 3. Information necessary to aid in a suspect's apprehension or to warn the public of dangers. 4. Requests for assistance from the public in obtaining evidence. 5. General information about the investigation, including its length and scope, and the identity of the investigating officers. 6. The facts and circumstances surrounding the arrest, including its time and place and the identity of the arresting officer. 7. The general nature of the charges against the defendant, with an accompanying explanation that the charges are merely accusations and that the defendant is presumed innocent until proven guilty. 8. The scheduling or results of any judicial proceeding 9. Any information contained in a public record.

Rather, in determining whether the right to a speedy trial has been denied, the Supreme Court balances four factors:

1. The length of the delay 2. The reasons for the delay 3. Whether the defendant asserted his or her right to a speedy trial or sat idly 4. Whether the delay prejudiced the defendant's case.

First Amendment protection means protection against adverse employment action for speech that annoys superiors. Very little of a police officer's work-related speech carries this protection. Protection exists only when:

1. The officer speaks in his capacity as a private citizen. 2. About a matter of public concern 3. The value of the speech outweighs its adverse effect on the police department.

If the officer establishes a reasonable expectation of privacy in the location or object searched, the department will now have to show that the search was justified. This can be done either by establishing:

1. The search was performed for a noninvestigatory work-related reason 2. The department had reasonable suspicion that the search would turn up evidence of work-related misconduct.

Under established case law, police departments may undertake affirmative action only if:

1. They have a compelling need either to remedy workforce imbalances caused by their own prior discriminatory employment practices or to increase diversity to operate more efficiently. 2. The plan is narrowly tailored to minimize the disadvantage to persons who are not beneficiaries. - Unless both requirements are met, police departments can be sued for reverse discrimination by persons who suffer career setbacks because of the plan.

Strip and Body Cavity Searches are used for two main law enforcement purposes:

1. To gather evidence for use at the trial 2. To prevent contraband and weapons from being introduced into detention facilities.

Disparate Treatment Discrimination

A Title VII violation committed when a person is deliberately treated unequally in employment matters because of race, sex, religion, color, or national origin.

Disparate Impact Discrimination

A Title VII violation committed when an employer uses selection criteria that disproportionately eliminate members of a protected class without being valid predictors of the knowledge, skills or traits necessary for successful performance of the job.

Quid Pro Quo Sexual Harassment

A Title VII violation committed when the victim's submission to a supervisor's unwelcome sexual advances is explicitly or implicitly made a condition of receiving tangible job benefits or not suffering tangible job detriments.

Hostile Work Environment Sexual Harassment

A Title VII violation that is committed by unwelcome verbal or physical conduct of a sexual nature, so severe or pervasive that it alters the conditions of the victim's employment and creates an intimidating, hostile, abusive or offensive work environment.

Coker v. Georgia (1977)

A state can only impose the death penalty for crimes resulting in the death of a victim

Information

A formal accusation or complaint, filed by the prosecutor, charging a person with a designated crime. - It can be substitute for an indictment in certain classes of criminal cases.

Indictment

A formal written accusation made by a grand jury.

Preliminary Hearing

A hearing at which the judge finds that there is enough evidence to bind the accused for trial.

Petit Jury

A jury empaneled to decide whether an accused is guilty - Also called a trial jury.

Grand Jury

A jury of inquiry empaneled to hear evidence presented by the prosecutor to decide whether the evidence is sufficient to hold the person for trial. - If the evidence is deemed sufficient, they will return an indictment.

Statue of Limitations

A law prescribing the period following a crime during which the government must either bring charges or lose the right to prosecute.

Accused

A person against who formal charges have been lodged.

Witness

A person who is called to testify before a court or to provide answers to official questions.

Lineup

A police identification procedure in which a group of individuals with similar characteristics are exhibited, to determine whether the victim or an eyewitness can make an identification.

Voir dire

A preliminary examination of a prospective juror, conducted by the court or counsel, to determine the prospective juror's qualifications and suitability for jury service.

Confrontation

Any pretrial event in which the prosecution or the police engage the accused for the purpose of gathering evidence or advancing the prosecution.

Subpoena ad testification

Command by a court or legislative body to appear at a certain time and date and give testimony.

Subpoena duces tecum

Command by a court or legislative body to produce designated documents, books, papers, records, or other things.

What punishment is not allowed?

Corporal punishment

Use Immunity/Derivative Use Immunity

Court order compelling a witness who has invoked the Fifth Amendment privilege against self-incrimination to testify, but barring the government from using the testimony and evidence derived from it against the witness in a subsequent criminal prosecution.

Absolute Immunity

Court order compelling a witness who has invoked the Fifth Amendment privilege against self-incrimination to testify, but granting the witness immunity from prosecution for crimes revealed.

Self-incrimination

Declarations and declaratory acts, furnished or performed under government compulsion, that implicate a person in a crime.

What is exculpatory evidence and why is it important?

Evidence that can prove defendant's innocence needs to be given to the defense that the prosecution found.

Aggravating Circumstances

Factors that must be present before the death penalty may be imposed on a defendant convicted of a capital crime.

Mitigating Circumstances

Factors that permit the sentencer to show mercy and withhold the death penalty is authorized.

Title VII of the Civil Rights Act of 1964

Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship

Jury Pools or Jury Venire

Group of potential jurors from which the trial jury is selected.

Qualified Immunity Definition

Immunity from liability for unconstitutional acts that a reasonable police officer would have believed was lawful.

Strip Search

In a Fourth Amendment sense refers to any forced exposure or observation of a portion of a person's body where the person has a reasonable expectation of privacy.

Schmerber v. California (1966)

Nontestimonial Evidence: warrant must be obtained for bodily intrusion unless fast action necessary to prevent destruction of evidence.

Appearance Evidence Definition

Physical evidence derived from body characteristics that are routinely displayed to the public, such as one's physical appearance, voice, handwriting, and fingerprints.

Bodily Evidence Definition

Physical evidence derived from: 1. Searching parts of a suspect's body not normally exposed to the public 2. Seizing biological materials 3. Seizing foreign substances on or inside the body

Because only one interest is implicated, the rule for when police may compel suspects to participate in producing appearance evidence is easy to remember:

Police are permitted to compel participation whenever they have constitutional grounds to seize the suspect and detain him long enough to perform the procedure.

Contraband

Property that is unlawful to possess, such as illegal drugs, illegal weapons, and stolen property.

Interrogation

Questioning that is designed to elicit an incriminating response. - Also includes actions that are the functional equivalent of a question, such as telling the suspect that an eyewitness has identifies him or her.

Strip Searches performed to recover evidence require:

Reasonable suspicion that the arrestee has evidence or contraband hidden underneath his clothing.

Noninvestgatory Workplace Searches

The Fourth Amendment allows government employers to intrude on an employee's workplace privacy, with no degree of suspicion, when they have a legitimate, noninvestagory work-related reason.

Testimony/Testimony evidence

Statements or actions that reveal something a person knows.

Ricci v. DeStefano

Supreme Court ruling that employers may violate Title VII when they engage in race-conscious decision making to address adverse impact unless they can demonstrate a "strong basis in evidence" that, had they not taken the action, they would have been liable under a disparate impact theory.

Physical Evidence

Tangible evidence of a crime. - Includes everything except testimony

Same Transaction Test

Test used in a minority of state courts to determine when prosecutions brought under different sections of the penal code represent the same offense for purposes of double jeopardy. - This test treats all crimes committed as part of the same underlying transaction as single offense for double jeopardy purposes.

Critical Stage

The accused is entitled to counsel during all these stages in a criminal proceedings. - To be considered this, the event must occur after the initiation of a prosecution and involve a confrontation between the accused and the government in which the lack of counsel may have a prejudicial effect on the outcome (i.e. right may be lost, defenses waived or privileges not claimed).

Arraignment

The defendant's initial appearance before committing magistrate. - During this appearance, the defendant is read the charges, informed of the right to counsel, and given an opportunity to request appointment.

Elements of an Impartial Tribunal

The judge sitting as a trier of fact or the members of the jury panel must: 1. Not have a stake in the outcome of the case 2. Not bear any personal animosity toward the specific defendant 3. Be able to set aside any general prejudice toward a class to which the defendant belongs 4. The case and be able to render a verdict based solely on the evidence presented at trial.

Reasonable Suspicion

The level of suspicion needed for an investigatory stop. - Exists when an officer can articulate and point to facts that, together with rational inferences that flow from them, would warrant a reasonable police officer in suspecting the person detained of committing, have committed or being about to commit a crime.

Under color of state law

The misuse of power, possessed by virtue of state law, and made possible only because the wrongdoer is clothed with the authority of state law.

Peremptory Challenge

The right to challenge and strike a potential juror without being required to give reason. - In most jurisdictions, each side has a specified number of this and, after using them, must establish cause, such as bias, for further challenges to witnesses.

Privilege

The right to withhold evidence that the government could otherwise compel.

Same Elements Test

The test used in the federal courts and a majority of state courts to determine when prosecutions brought under different sections of penal code represent the same offense. - This test treats crimes defined under different sections of the penal code as distinct offenses for double jeopardy purposes so long as each statute requires proof of at least one distinct element.

Conditions Necessary for Double Jeopardy Protection Against Reprosecution

Three conditions are necessary to acquire double jeopardy protection against reprosecution: 1. An earlier prosecution must progress to the point of jeopardy attachment. 2. The subsequent prosecution must involve the same offense. 3. Both prosecutions must be brought by the same government entity.

Sequester (a jury)

To isolate jurors from contact with the public during the course of a trial.

Bodily Evidence Procedures for Which a Search Warrant is Necessary

Unless confronted with an emergency in which the delay could cause evidence to be destroyed, the officer should obtain a search warrant before performing or arranging for the performance of procedures that involve: - Taking bodily tissues or fluids - Penetration of the surface of the body - Manual probing of rectal or genital cavities - Significant pain or physical discomfort - Risks to health - Intense humiliation

Main Use of Each Identification Procedure: Lineup Identification

Used to confirm that the police have apprehended the right person when they are not in a rush. the person has already been arrested and is in custody and police are seeking to build a case against him for trial.

Main Use of Each Identification Procedure: Photographic Identification

Used to narrow the focus of an investigation in cases in which the witness and the police are uncertain of the offender's identity.

Main Use of Each Identification Procedure: Showup Identification

Used when the suspect is apprehended close in time to the crime and swift action is necessary to confirm that the police have apprehended the right person.

Contempt

Willful disobedience of court procedures or orders. - Punishable by fines or imprisonment

Habeas Corpus

Writ issued by a federal judge directing the person who has custody of a prisoner to produce the person in court so that the court can determine whether the prisoner is being unlawfully held.

Grand Jury formally charges a person is what?

a bill of indictment

Prosecutor formally charges a person is what?

a bill of information