Criminal Procedure Essentials: Rights and Rules

Evidence Exclusion in Criminal Cases

The Exclusionary Rule prohibits the introduction of evidence obtained in violation of a defendant's constitutional rights in a criminal trial. This applies to violations of the Fourth, Fifth, and Sixth Amendments.

Fruit of the Poisonous Tree Doctrine

Evidence derived from illegal government conduct is generally excluded. However, there are key exceptions:

1. Independent Source: Evidence discovered through a source separate from the illegal conduct.
2. Inevitable Discovery: Evidence that would have been discovered lawfully regardless of the illegal conduct.
3. Defendant's Intervening Acts: The defendant's own actions break the causal chain between the illegal conduct and the evidence.

This doctrine does not apply to:

1. Grand jury proceedings, civil proceedings, parole hearings, or administrative cases.
2. Violations of the knock-and-announce rule during search warrants.
3. Evidence seized as a result of a Miranda violation (though the confession itself may be excluded).

Good Faith Exception to the Exclusionary Rule

Evidence obtained by officers acting in reasonable, good faith reliance on certain factors may be admissible, even if the warrant or law is later found to be defective. This defense applies when the government relied on:

1. A judicial opinion.
2. A state ordinance.
3. A defective search warrant.

However, good faith is negated if:

1. The affidavit supporting the warrant is so lacking in probable cause that no reasonable officer would rely on it.
2. The warrant is defective or invalid on its face.
3. The affiant lied or misled the judge.
4. The judge wholly abandoned their judicial role.

Criminal Trial Rights and Procedures

Right to Appointed Counsel

The right to appointed counsel attaches when a jail sentence is imposed. This also includes the right to effective assistance of counsel. Ineffective assistance is typically proven by demonstrating two elements (from Strickland v. Washington):

1. Performance: Counsel's performance fell below an objective standard of reasonableness (this could include strategic decisions).
2. Prejudice: The deficient performance was prejudicial to the defendant, meaning there is a reasonable probability that the result of the proceeding would have been different but for counsel's errors.

Peremptory Challenges

A peremptory challenge allows a party to exclude a prospective juror for almost any reason, without stating cause. However, it is unconstitutional for either the prosecution or the defense to exclude a juror based on their race or gender (as established by Batson v. Kentucky).

Self-Representation

A defendant has the right to defend themselves, provided that their waiver of counsel is knowing and intelligent, and they are deemed competent to represent themselves.

Overturning a Plea Agreement

A plea agreement may be overturned if:

1. The plea was involuntary.
2. There was a lack of jurisdiction.
3. The defendant received ineffective assistance of counsel.
4. The prosecutor failed to keep the agreed plea bargain.

Death Penalty Considerations

When the death penalty is sought:

• All relevant mitigating evidence must be presented.
• There can be no automatic death penalty; it must be determined on a case-by-case basis.
• Only a jury can determine the aggravating factors necessary for imposing the death penalty.

Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment protects a defendant from being retried for the same offense once jeopardy has attached. To determine if offenses are the same, courts often apply the Blockburger test, which requires showing that each offense has at least one element that the other does not.

Jeopardy Attaches when:

• In a jury trial, the jury is sworn in.
• In a bench trial, the first witness is sworn.

Double jeopardy is not applicable to:

• Separate sovereigns (e.g., a state and the federal government can prosecute the same conduct).
• Civil trials.

A defendant can be tried for battery and later for homicide if the victim later dies. Also, the same conduct can lead to double sentencing if the legislature intends to impose multiple punishments for the same act.

Exceptions to Double Jeopardy include:

1. A hung jury (the jury is unable to agree on a verdict).
2. A mistrial declared due to manifest necessity (e.g., a sick juror, a deadlocked jury).
3. Retrial after a successful appeal, unless the appeal was based on insufficient evidence presented by the prosecutor at the original trial.