Exclusionary Rule, Jury Size

Question 1

4th Amendment exclusionary rule

Answer 1

i. Wolf
ii. Mapp
iii. Leon

Question 2

Wolf

Answer 2

Exclusionary rule doesn’t apply in state criminal proceedings (evidence which garnered through 4th amendment violation is admissible in state court)

i. Overturned by Mapp

ii. Murphy dissent conduct own empirical research about police training
Police who abide by federal law

Question 3

Mapp

Answer 3

Exclusionary rule is the only thing that prevents police misconduct

Question 4

Leon

Answer 4

i. Good faith exception to exclusionary rule
1) Rule meant to deter police but they already acted in good faith
2) Cost/benefit analysis
a) Majority: bad guys will be jailed
b) Dissent: 4th amendment violated
c) In most cases where evidence is suppressed, perp is convicted anyway (overwhelming evidence)

Question 5

Williams v. Florida

Answer 5

6th amendment jury size

i. 6 or 12 person jury

ii. Court says 6
1) Holds that 12 is a historical anomaly with no underlying significance
2) Doctrinal or functional?
a) Not doctrinal (nothing in Constitution about 6 or 12)
3) Therefore functional; 6 is sufficient
4) Footnote 49: overall size of majority matters; 2 jurors out of 10 more likely to stick to their guns than 1 out of 6 (Asch experiment)
a) Allies are important!
i) Saks’ Ignorance is no excuse
ii) “presence of an ally is one of the most powerful facilitators of minority resistance to conformity pressure”
Also, Saks says that a smaller jury is more likely to lead to minorities not being selected

Question 6

Colgrove v. Battin

Answer 6

i. Supports Williams findings that Jury of 6 is sufficient for civil case
1) But no fewer than 6!

Question 7

Ballew v. Georgia

Answer 7

i. A jury made up of fewer than six members violates the Sixth Amendment right to a trial by jury
1) Court (Blackmun) says that jury minority will stick to its opinion with allies
2) Cites Nagel & Neef study
a) Statistical studies suggest that the risk of convicting an innocent person (Type I error) rises as the size of the jury diminishes
b) The risk of not convicting a guilty person (Type II error) rises with increase in jury size
c) N&N say optimal size between 6 and 8

3) Bigger groups work more effectively together

4) Wrongful convictions with higher with smaller juries
5) Hung juries less likely with smaller jury

6) The state’s only argument is cost saving
a) Not strong argument
Powell concurrence: “the line has to be drawn somewhere and I draw the line at 6”