Criminal Procedure: Exclusionary Rule, Grand Jury, Bail, and Plea Bargaining

Exclusionary rule

illegally obtained evidence must be excluded from trial, but this does not apply to grand juries

Weeks v. U.S. (1914)

case that established the federal exclusionary rule for illegally obtained evidence

Mapp v. Ohio (1961)

case that applied the exclusionary rule to the states through the Fourteenth Amendment

Good faith exception

exception to the exclusionary rule when officers reasonably rely on a defective warrant or law

Inevitable discovery rule

exception allowing illegally obtained evidence if it would have been discovered lawfully anyway

Crisis of legitimacy (Epp, Maynard-Moody, Haider-Markel 2017)

study examining investigatory police stops and how they affect public trust in police

Dispute processing (court function)

courts resolve conflicts between parties by applying law to facts

Policy making (court function)

courts shape public policy through their interpretations and rulings

Enforcing norms (court function)

courts uphold societal rules and standards through their decisions

Adversarial system

legal system where prosecution and defense oppose each other before a neutral judge or jury

Inquisitorial system

legal system where the judge takes an active role in investigating the facts of the case

Federal judicial selection

federal judges are selected by presidential nomination and Senate confirmation

State judicial selection

state judges selected by governor, legislature, merit selection, or elections

Merit selection

system using a nominating commission and appointment, often followed by retention elections

Partisan judicial elections

judicial candidates run with party labels on the ballot

Nonpartisan judicial elections

judicial candidates run without party labels on the ballot

Election of prosecutors

method where voters choose prosecutors; used in 43 states for state prosecutors

Appointment of prosecutors

method where executive or other officials appoint prosecutors rather than elect them

Incumbency advantage (prosecutors)

sitting prosecutors are very likely to be reelected once in office

Defense attorneys

lawyers representing criminal defendants, including indigent clients

Indigent defense

legal representation for defendants who cannot afford an attorney

Assigned counsel

private attorneys appointed case by case to represent indigent defendants

Contract counsel

private attorneys or firms that contract to handle indigent defense cases for a jurisdiction

Public defender

full-time salaried government-funded attorney representing indigent defendants

Grand jury

group of citizens that decides whether there is enough evidence to issue an indictment

Indictment

formal charge issued by a grand jury alleging probable cause that the defendant committed a crime

Grand juror number

specific size of the grand jury panel required by law in a jurisdiction

Grand jury vote standard

level of agreement (e.g., majority or supermajority) needed to return an indictment

Grand jury vote threshold

exact number or fraction of grand jurors who must vote to indict

Prosecutor role in grand jury

presents evidence and guides the grand jury in deciding on indictment

Defense role in grand jury

usually very limited or no role; defense typically does not present a full case

Cash bail

money paid to secure release before trial, returned if defendant appears as required

Release on recognizance

defendant is released based on promise to appear, with no cash bail required

Percentage bail

defendant pays a percentage of the full bail amount to secure release

Bail funds

organizations that pay bail on behalf of defendants who cannot afford it

Preventive detention

holding a defendant in jail before trial to prevent flight or danger to the community

Federal Bail Reform Act of 1984

law allowing preventive detention of certain defendants based on risk factors

Serious flight risk (bail)

likelihood that a defendant will fail to appear if released before trial

Obstruction or threat to witnesses

basis to detain a defendant who may interfere with justice or intimidate witnesses

Crime of violence (bail)

offense category that can justify denying bail or imposing stricter conditions

United States v. Salerno and Cafero

case upholding preventive detention under the Bail Reform Act as constitutional

Plea bargain

agreement where defendant pleads guilty in exchange for concessions from the prosecution

Plea bargaining rate

up to about 90-96 percent of criminal cases end in a plea bargain rather than trial

Boykin v. Alabama (1969)

case requiring judges to ensure on the record that a guilty plea is voluntary and informed

North Carolina v. Alford (1970)

case allowing defendants to plead guilty while maintaining innocence to get a lesser sentence (Alford plea)

Nolo contendere

"no contest" plea where defendant does not admit guilt but accepts conviction

Santobello v. New York (1971)

case holding that prosecutors must keep the promises made in plea agreements

Ricketts v. Adamson (1987)

case holding that defendants must honor plea agreement terms or face consequences

Bordenkircher v. Hayes (1978)

case approving prosecutor's threat to seek harsher charges if defendant refuses a plea, as part of legitimate bargaining

Bordenkircher facts

defendant faced 2-10 years for check forgery; prosecutor threatened life sentence under three strikes if no plea

Bordenkircher outcome

defendant refused 5-year plea, was convicted and sentenced to life in prison

Hayes's claim

argued prosecutor's leverage made the choice unreasonable and gave prosecutor too much power

Supreme Court holding (Bordenkircher)

Court found no constitutional violation; plea bargaining pressure was permissible

Trial rate (felonies)

about 9 percent of felony cases go to trial instead of ending in pleas

Trial rate (murder cases)

fewer than 44 percent of murder cases go to trial

Bench trial

trial where the judge alone decides guilt, with no jury

Jury trial

trial where a jury of citizens determines guilt or innocence

Choice of bench vs. jury

decision typically left to the defendant (subject to rules and consent requirements)

Jury selection

process of choosing jurors through questioning and challenges

Challenge for cause

removal of a potential juror for a specific legal reason (e.g., bias)

Peremptory challenge

removal of a potential juror without stating a reason, subject to constitutional limits

Batson v. Kentucky

case holding that peremptory strikes cannot be based on race in violation of equal protection

Equal Protection Clause (jury selection)

constitutional rule preventing race- or gender-based exclusion of jurors

Real evidence

physical, tangible objects directly related to the crime (e.g., weapon, clothing)

Demonstrative evidence

evidence that illustrates or explains information relevant to the crime (e.g., charts, diagrams)

Testimony

oral statements by witnesses given under oath in court

Direct evidence

evidence that directly proves a fact, such as eyewitness accounts

Circumstantial evidence

evidence that requires inference by the jury to connect it to a fact in issue; most common type

Prosecution case at trial

prosecution presents evidence and witnesses to prove guilt beyond a reasonable doubt

Burden of proof

obligation of the state to prove the defendant's guilt beyond a reasonable doubt

Defense trial strategy

focus on creating reasonable doubt, highlighting inconsistencies, and reducing perceived guilt

Prosecution rebuttal

additional evidence or argument responding to the defense case

Closing arguments

final summaries by prosecution and defense before the jury deliberates

Jury instructions

directions from the judge explaining the law the jury must apply

Jury deliberation

private discussion among jurors to reach a verdict

Judge conviction rate

judges convict about 82 percent of the time in bench trials

Jury conviction rate

juries convict about 75 percent of the time

Verdict

jury or judge decision on guilt or innocence of the defendant

Appeal

legal process in which a higher court reviews the lower court's procedures for legal error

First appeal right

defendant has a guaranteed constitutional right to a first appeal in many cases

Scope of appellate review

appellate courts focus on legal and procedural errors, not re-deciding facts

Appeal success rate

less than 2 percent of appeals result in acquittals for defendants

Appeal result

successful appeal usually leads to a new trial or other remedy, not a finding of "innocent"

Government appeal limit

prosecution generally cannot appeal acquittals because of double jeopardy

Double jeopardy

constitutional protection against being tried twice for the same offense

Retribution

punishment imposed because the offender deserves it for the wrong committed

Deterrence

using punishment to discourage crime, either insociety (general) or by the individual (specific)

General deterrence

punishing an offender to discourage others in society from committing similar crimes

Specific deterrence

punishing an offender to discourage that same individual from reoffending

Incapacitation

preventing further crime by removing offenders from society (e.g., imprisonment)

Rehabilitation

efforts to change offenders' behavior and help them become constructive members of society

Rehabilitation era (40s-70s)

period when rehabilitation was a dominant goal in corrections

Restorative justice

approach focused on repairing harm done, involving offender, victim, and community

Restorative justice requirements

offender must agree to participate, victim must agree, and community must support the process

Restorative justice limits

generally not used for very serious crimes such as murder or sexual assault

Incarceration

confinement in jail or prison as a criminal penalty

Sentencing discretion

judge's authority to choose the type and length of sentence within legal limits

Visibility of imprisonment

imprisonment is the most visible penalty, but not the most frequently used

Correctional supervision distribution

fewer than 80 percent of people under correctional control are incarcerated; many are on probation or parole

Indeterminate sentence

sentence with a range of time (e.g., 18-24 months), associated with rehabilitation