The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

One of the discovery items that the prosecution may be asked to supply is a “bill
of particulars,” which is a brief statement of the core facts of the case. A copy of the bill
of particulars is filed with the court and is open to public inspection. Other discovery
items, such as police reports and lab reports, are generally not filed with the court and
simply pass between the attorneys.
Exclusionary Rule Simply stated, the exclusionary rule provides that evidence
obtained through unconstitutional acts of law enforcement officers cannot be used to
prove the defendant’s guilt at trial. If the court determines, usually at a pre-trial hearing,
that crucial evidence was gathered by law enforcement in an unconstitutional manner, the
charges may be dismissed even though the evidence is reliable and, if it could be used,
would prove that the defendant is guilty.
The rationale for the exclusionary rule is deterrence. The idea is that if law
enforcement officers know that unconstitutional conduct will result in exclusion of
evidence, they will not act unconstitutionally. Evidence that is excluded from the trial by
application of the exclusionary rule is said to be suppressed.
Felony A crime generally punishable by more than one year in prison. However,
a sentence may include no jail or prison time, depending upon the degree (“seriousness”)
of the charge and the defendant’s prior criminal history, if any.
Frisk A quick search of an individual’s external clothing to determine whether
the individual is armed with any sort of dangerous implement—a gun, knife, box cutter,
screwdriver, etc. A frisk is also known as a “pat down.” Generally, a frisk is legal if the
officer has reasonable suspicion to believe that the individual might be dangerous. The
officer will need to articulate the basis for this belief in order for any evidence discovered
as the result of the frisk to be admitted in subsequent criminal proceedings.
Frye Hearing A pretrial hearing used in some jurisdictions wherein the court
determines if the “scientific evidence” is “new or novel” and if so, whether the principle
or technique has been “generally accepted” in the relevant scientific community. If not
new or novel, the evidence may be admitted. If new or novel and not yet accepted by the
relevant scientific community, the evidence will not be admitted at trial.
Grand Jury A jury that determine if there is adequate evidence to charge a defendant
with a crime. Not all States use the grand jury system. Of those that do, some may require
first-hand testimony from witnesses, including expert witnesses. Other States allow one
person, such as an investigator employed by the prosecutor’s office, to summarize the details
of the case without the need of separate testimony from individual witnesses.
The following table contrasts a typical grand jury with a trial jury (again, some
specifics, such as the number of jurors, will vary from State to State):
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