Criminal Procedure Test 5: Secondary Topics

What did Schlib v. Kuebel recognize about bail?

Schlib v. Kuebel recognized the constitutional right to bail as provided in the Eighth Amendment.

What is the Bail Clause according to Carlson v. Landon?

Carlson v. Landon interpreted the Bail Clause and established that bail is not an absolute right in all circumstances

What do the majority of states do regarding bail in the United States.

It requires that defendants deposit an amount of money with the court as a condition of release. The money is returned when the individual appears for trial.

What is money bail?

Money bail has been the principal form of bail in the United States. It requires that defendants deposit an amount of money with the court as a condition of release. The money is returned when the individual appears for trial

What are surety bonds?

Surety bonds are provided by bondsmen. The defendant is required to deposit 10% of the bail amount. The bondsman retains the 10% as a fee for posting the bail and forfeits the entire amount of the bail if the defendant fails to appear for trial.

What is release on recognizance (ROR)?

Release on recognizance allows a defendant to be released without posting money bail, based on their promise to appear for trial. Used for defendants deemed reliable and low flight risk.

Has the Supreme Court defined the standard for determining indigency?

No, the US Supreme Court has not defined the standard for determining whether an individual is indigent and entitled to appointed counsel. The determination varies by state.

What can individuals who don’t meet their state’s indigency standard do?

Individuals who do not meet the standard in a state may apply to the court to be recognized as indigent on the grounds that they have significant health costs, child support, or other extraordinary financial circumstances

What did Morris v. Slappy establish?

Morris v. Slappy established that there is no right to a “meaningful attorney-client relationship.” A court cannot guarantee that an attorney and client share a close working relationship or that the defendant has trust and confidence in their assigned attorney

Can an attorney be required to help a client break the law?

No, an attorney is not required to help his or her client break the law.

Can closing arguments be grounds for ineffective assistance of counsel claims?

Yes, closing arguments can be considered when evaluating ineffective assistance of counsel claims

What role do conflicts of interest play ineffective assistance claims?

Conflicts of interest can form the basis for ineffective assistance of counsel claims under Strickland v. Washington

What about ignorance of the law by counsel?

Ignorance of the law by counsel can support an ineffective assistance claim

What about failure to investigate in capital offenses?

Failure to investigate capital offenses is a particularly serious form of deficient performance that can support ineffective assistance claims

What is “purging the grand jury"?

Purging the grand jury is the process of selecting the members of the grand jury from the pool of individuals called to serve

How is the gran d jury pool selected?

The pool is randomly selected from the list employed to select the petit jury (trial jury), typically from voter registration lists, taxpayer lists, or licensed driver lists

Who selects the actual grand jury members?

The selection of the members of the grand jury is carried out by the prosecutor in the presence of a judge

What is the “key-man system”?

A few states continue to use the key-man system, in which the grand jury is selected by a group of influential members of the community rather than random selection.

What is the duration of a federal grand jury?

The term of a federal grand jury is 18 months, with the possibility of a 6-month extension. The actual time required depends on the function of the particular jury.

What is a “true bill”?

A true bill is when the grand jury votes to indict - finding that there is sufficient evidence to charge the defendant

What is a “no bill”?

A no bill is when the grand jury refuses to indict, finding insufficient evidence to charge the defendant

What is a “presentment”?

A presentment is when the grand jury initiates charges on its own without a prosecutor’s request, based on its own investigation.

What are the essential features of an indictment?

An indictment must include: (1) Essential elements of the charged offense; (2) Factual specificity - enough detail to inform the defendant of what they’re accused of

Can a defense attorney be present during grand jury proceedings?

No, defense attorneys generally cannot be present during grand jury proceedings (through some states allow witnesses to consult with attorneys outside the grand jury room).

Do normal rules of evidence apply in grand jury proceedings?

No, the normal law of evidence does not apply in grand jury proceedings. Hearsay and other evidence inadmissible at trial can be considered by the grand jury.

What is the role of exculpatory evidence in grand jury proceedings?

Prosecutors generally are not required to present exculpatory evidence (evidence favorable to the defendant) to the grand jury, though some jurisdictions impose this requirement

What power does the grand jury have regarding subpoenas?

The grand jury has subpoena power - it can compel witnesses to appear and testify and can compel production of documents and other evidence

What about secrecy in grand jury proceedings?

Grand jury proceedings are secret. This protects: (1) witnesses; (2) the investigation; (3) the defendant if no charges are filed; (4) the integrity of the process

What are criticisms of the grand jury system?

Four main criticisms: (1) Ineffective Check - grand juries rarely refuse to indict (“rubber stamp”) (2) Unqualified - jurors lack legal training; (3) Nonadversarial - only prosecution presents evidence; (4) Resources - expensive and time-consuming

Does the grand jury remain controversial?

Yes, the grand jury remains a controversial institution with ongoing debates about its effectiveness and fairness

What is the difference between probable cause and prima facie standards at preliminary hearings?

Probable cause (majority of states): Whether there is enough evidence that a reasonable person would believe the defendant committed the crime. Prima facie (minority of states): Whether the prosecution has presented enough evidence to support a conviction if the defendant presents no contrary evidence

What are indictment states, information states, and modified indictment states?

Indictment states: Require grand jury indictment for felonies. Information states: Allow prosecution by information (prosecutor’s charging document) without grand jury. Modified indictment states: Require grand jury for some serious crimes, allow information for others

What is an opening statement?

A brief verbal presentation of the evidence that a lawyer plans to present at trial

What limitations exist on opening statements?

Lawyers should not: (1) refer to evidence reasonably believed to be inadmissible; (2) make impassioned arguments or emotional appeals during opening (save for closing).

What is the “case-in-chief”?

The case-in-chief is the main body of evidence presented by the prosecution to prove its case

Who presents evidence first at trial?

The prosecution presents its case-in-chief first because it bears the burden of proof

What happens during cross-examination?

After a witness testifies on direct examination, the opposing party has the opportunity to cross-examine the witness to test their testimony

What is a motion for judgment of acquittal?

After the prosecution rests its case, the defense can move for judgment of acquittal, arguing that the prosecution has failed to present sufficient evidence to support a conviction. If granted, the case ends without the defense presenting evidence

What is rebuttal?

Rebuttal is the opportunity for the prosecution to present additional evidence to refute or contradict evidence presented by the defense.

What special issues arise regarding confrontation and sexual molestation of juveniles?

The issue of sexual molestation of juveniles creates tension between the defendant’s Confrontation Clause rights and protecting child witnesses from trauma. Special procedures may be allowed in limited circumstances

What did Davis v. Alaska establish?

Davis v. Alaska established important principles about the right to cross-examination, particularly regarding impeachment of witnesses

What did Olden v. Kentucky establish?

Olden v. Kentucky further defined the scope of cross-examination right and limitations on restricting defense cross-examination

What is a venire?

The venire is the jury pool from which the petit (trial) panel is selected, typically based on names drawn from voter registration lists, lists of taxpayers, or lists of licensed drivers over 18 years of age

What are the basic guidelines for selection of the jury venire?

Four guidelines: (1) Random Selection - must be random process; (2) Discrimination - cannot discriminate based on protected characteristics; (3) Fair Cross Section - must represent community; (4) Exemption - certain exemptions allowed (hardship, etc.)

What is Rule 24 of the Federal Rules of Criminal Procedure?

Rule 24 governs voir dire and peremptory challenges in federal court, specifying the number of peremptory challenges allowed (varies by type of case)

What is the most important Supreme Court case regarding racial prejudice and voir dire?

Ham v. South Carolina (1973) is the most important case regarding racial prejudice and voir dire

What did Swain v. Alabama establish about peremptory challenges?

Swain v. Alabama held that peremptory challenges are “fundamental to a fair trial” and “one of the most important of the rights secured to the accused”

What is recusal?

Recusal is when a judge voluntarily steps aside from a case due to bias or conflict of interest

What did Caperton v. A.T. Massey establish?

Caperton v. A.T. Massey addressed when judges must recuse themselves due to conflicts of interest, particularly in cases involving significant campaign contributions

What did Williams v. Pennsylvania establish?

Williams v. Pennsylvania addressed judicial recusal requirements in cases where the judge had prior significant involvement with the case in another capacity

What is the basis for challenging judges?

Federal “challenge-for-cause” and similar state statutes permit a lawyer to file a motion to remove a judge from a case based on demonstration that the judge is “biased”

What are the four reasons for the reasonable doubt standard?

(1) Presumption of Innocence - defendant presumed innocent until proven guilty; (2) False convictions - better to let guilty go free than convict innocent; (3) Seriousness of Criminal Convictions - criminal conviction carries severe consequences; (4) Community Confidence - public must have confidence in justice system

What is the order of closing arguments?

Prosecutor presents first closing argument, then defense presents closing argument, then prosecutor presents rebuttal closing argument (because prosecution has burden of proof)

What did Herring v. New York establish?

Herring v. New York held that the closing argument is a vital part of the adversarial process because it permits both sides to submit their complete case to the jury

What is the “invited response doctrine”?

The invited response doctrine is used by courts to evaluate the impact of a prosecutor’s remarks. It allows prosecutors more leeway in responding to defense arguments that “opened the door” to certain topics

When are jury instructions typically given?

Jury instructions are typically issued by the judge following closing arguments, before the jury begins deliberations

Is there a standard pattern of jury instructions?

Yes, there is typically a standard pattern of jury instructions used in jurisdictions, though judges may tailor them to specific cases

What is a criticism of jury instructions?

The instructions are often given in technical legal language that may be difficult for laypersons to understand

What is a “deadlocked” or “hung” jury?

A deadlocked or hung jury is one that cannot reach a verdict after reasonable deliberation. The judge may order them to deliberate for a reasonable additional period before declaring a mistrial

What is an Allen charge or dynamite charge?

An Allen charge (also called a dynamite charge) is a special instruction given to a deadlocked jury encouraging them to make every effort to reach a verdict, but also respecting conscientious disagreement. It’s controversial because critics argues it pressures holdout jurors

What does it mean to “poll the jury”?

Polling the jury involves the judge asking each individual juror whether he or she agrees with the verdict announced by the foreperson. Either party may request this.

Who was Justice Jackson and what did he say about prosecutors?

Justice Robert Jackson said that “the prosecutor is perhaps the most powerful person in the criminal justice system,” highlighting the enormous discretion and influence prosecutors wield

What happened in United States v. Goodwin regarding vindictive prosecution?

United States v. Goodwin held that prosecutors have many legitimate reasons for changing charges against an individual, and changes cannot automatically be assumed to be vindictive. This limits vindictive prosecution claims

What is the significance of Thompson v. Utah regarding jury size?

Thompson v. Utah established that in federal court, the Sixth Amendment follows common law and guarantees a jury composed of 12 persons, “neither more nor less”