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www.cengage.com/cj/neubauer David W. Neubauer Henry F. Fradella Joe Morris • Northwestern State University, Natchitoches, LA Cherly Gary • North Central Texas College, Corinth, TX Chapter Twelve: Disclosing and Suppressing Evidence

Chapter Twelve: Disclosing and Suppressing Evidence

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Chapter Twelve: Disclosing and Suppressing Evidence. Discovery. Informal and formal exchange of information between parties Criminal Cases Examples include: lab reports; statements of witnesses; confessions police reports. Law on the Books: Rules Requiring Disclosure. - PowerPoint PPT Presentation

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Page 1: Chapter Twelve:  Disclosing and  Suppressing Evidence

www.cengage.com/cj/neubauer

David W. NeubauerHenry F. Fradella

Joe Morris • Northwestern State University, Natchitoches, LA Cherly Gary • North Central Texas College, Corinth, TX

Chapter Twelve: Disclosing and

Suppressing Evidence

Page 2: Chapter Twelve:  Disclosing and  Suppressing Evidence

Discovery

• Informal and formal exchange of information between parties

• Criminal Cases• Examples include:• lab reports; • statements of witnesses; • confessions• police reports

Page 3: Chapter Twelve:  Disclosing and  Suppressing Evidence

Law on the Books: Rules Requiring Disclosure

• No general constitutional right to discovery in a criminal case• too much prosecutorial disclosure may result in

defendant’s taking undue advantage

• Court decisions, statues, and court rules require disclosure

• Federal Rules of Criminal Procedure provide defendant with rights to discovery • Tape recordings, books, papers, results of

testing, summaries of expert witnesses

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Discovery of exculpatory evidence

• Evidence which may be in favor of the defendant at trial

• Brady v. Maryland (1963)• exculpatory evidence must be given to defense• Brady Rule is limited to admissible evidence• Brady does not require the prosecution to make all

files available to the defense• Post Brady revisions have narrowed the

requirement to evidence that is “material” and would have been “persuasive and produced a reasonable doubt about guilt”

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Discovery of impeachment evidence

• Jencks v. United States (1957)• Inconsistent statements must be provided for a fair

cross-examination

• The Jencks Act• Prosecutor must disclose any witness statement in

the government’s possession that relates to the subject matter of the witness’s testimony

• Congress placed the burden on the defense to ask for the information

• Giglio v. United States (1972)- • clarified all impeachment evidence falls under the

Brady Rule

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Law in Action: Informal Prosecutorial Disclosure

• Discovery Rules are Important to Defense Attorneys• Save time• Eases the attorney client relationship • Greatly encourages guilty pleas

• Guiding Principle: Trial Should be a Level Playing Field• Alibi Defense• Insanity Plea• Constitution limits reciprocal discovery

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The Exclusionary Rule and The Supreme Court

• Prohibits the prosecutor from using illegally obtained evidence at trial

• Justified on Three Grounds• Courts should not participate in illegal conduct• Deters law enforcement misconduct• Other remedies (civil) are unworkable

Developed in Weeks v. U.S. and incorporated to the states in Mapp v. Ohio

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Three distinct exclusionary rules

• Pretrial confrontations: identification of suspects or confessions/interrogations

• Searches/seizures• “Fruit of the poisonous tree” – derivative

evidence that is indirectly obtained as a result of a constitutional violation is also inadmissible

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The Exclusionary Rule and Confessions

• The Warren Court Changes the Rules• Miranda v. Arizona (1966)

• You have the right to remain silent• Anything you say can and will be used against you in a court of

law• You have the right to talk to a lawyer and have him or her

present with you while you are being questioned• If you cannot afford to hire a lawyer, one will be appointed to

represent you before any questioning, if you wish

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The Exclusionary Rule and Confessions

• The Burger and Rehnquist Courts Limit Miranda• Statements made under Miranda are inadmissible as

substantive evidence• Public safety consideration• Incriminating statements• Questioning does not need to stop when ambiguous

statement for counsel are made• Police can question based on an additional case

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The Exclusionary Rule and Search and Seizure

• The Fourth Amendment prohibits the use of evidence secured through an illegal search and seizure • Applies only to Federal Law Enforcement

Officials (Weeks v. U.S., 1914 )• Court refused to extend exclusionary rule to the

states (Wolf v. Colorado, 1949)• Exclusionary rule extended to the states (Mapp

v. Ohio, 1961)

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• Exceptions• A person running at the sight of a police officer

could justify the police conducting a stop-and frisk search (Illinois v. Wardlow 2000)

• Police officers do not have to advise suspects that they have a right not to consent to a search ( U.S. v. Drayton 2002 )

The Exclusionary Rule and Search and Seizure

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• Limitations• Police cannot use a thermal imagining device

to scan a building to detect the presence of high-intensity lamps used to grow marijuana (Kyllo v. U.S. 2001)

• Police cannot stop and search a person for a gun solely on the basis of an anonymous tip (Florida v. J. L. 2000)

The Exclusionary Rule and Search and Seizure

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Search Warrants

• Issued by a neutral judge• Supported by oath or affirmation asserting

probable cause• Specifically describe the place to be search

& people/things to be seized• Warrant review process does not operate

as intended

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Warrantless Searches

• Most common type of search• Three forms of warrantless searches • Consent• Plain view• Incident to a lawful arrest