Criminal Evidence Ch. 1 Questions

Define probable cause. Explain the role that probable cause plays in our criminal justice system.

"Probable cause" generally refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search, or seize property relating to an alleged crime. The probable cause requirement comes from the Fourth Amendment of the U.S. Constitution, which states that: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched." In our criminal justice system- probable cause comes into play when a law enforcement officer decides if there is enough evidence to search a car after pulling someone over.

List some of the due process rights that we have as citizens under the following Amendments- 4th, 5th, 6th, 8th, and 14th

4th Amendment- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause 5th Amendment- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, nor shall any person be subject for the same offense to be twice put in jeopardy of life 6th Amendment- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 8th Amendment- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 14th Amendment- All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What is a grand jury indictment? When must it be used?

A defendant can be formally charged with a serious crime in the United States either by indictment of a grand jury or by the filling of an information by the prosecution after a preliminary hearing.

The author states that "... the law limits what constitutes admissible evidence". Why? Give examples.

Admissible evidence means any information about the facts of the case, including any tangible items, testimony, documents, photographs, or recordings which, when presented to the jury at trial, tends to prove or disprove these facts. Evidence that can be presented is limited because sometimes relevant information may violate some principle or policy that the law seeks to promote. An example is hearsay evidence, (statement made by someone outside of court), which may be relevant, but is often unreliable and untrustworthy.

(1) What is evidence?

Any information about the facts of a case, including tangible items, testimony, and documents, photographs or tapes, which, when presented to the jury at trial, tends to prove or disprove these facts.

Who is the Attorney General in New York State?

Eric Schneiderman

Who is the Attorney General for the United States?

Jefferson Sessions

Explain some of the pretrial issues for the law enforcement professional.

Officers will want to organize, review and summarize his or her own reports, and even become familiar with other officers reports. Evidence that has been gathered must be maintained and prepared for trial by either the police or criminalists involved in the investigation.

List some common activities of police officers.

Police are called upon to perform three basic function: (a) enforcing the law, which includes detecting and investigating crimes, apprehending suspects, and assisting in the prosecution of the offenders. (b) maintaining public order, which includes activities such as crowd control and crime prevention, as well as responding to domestic and civil disturbances; and (c) providing various public services, such as responding to emergencies, helping stranded motorists and finding missing children.

It is impossible for the police to arrest all of the offenders they encounter. Why?

Police will exercise substantial discretion, as to whether to arrest a person suspected of criminal wrongdoing. They will make decision based on his or her interpretation of the spirit of the law rather than the letter of the law.

When may a police officer arrest a person?

Probable cause to arrest is when an officer possesses enough evidence to lead a reasonable person to believe that a crime has been commited and that the suspect was the one who committed the crime.

Explain why "chain of custody" is important in discussing criminal evidence.

Refers to how the evidence is handled, and by whom, accounting for its whereabouts and condition from the moment it is found until the moment it is offered in evidence. It is important because it preserves the reliability of the evidence- no one mishandles it or can plant evidence on it that didn't exist. Everyone that handles it is accountable.

What courts are in the federal judicial system? How does this compare with a typical state court system? What are the courts in your state?

The federal court system applies nationwide and federal courts are located in each state. Each state also has its own court system. Whether a defendant is tried in a federal or state court depends on which court has jurisdiction over that case. Most states' structures are similar to that of the federal courts--a trial court, an intermediate appellate court, and a supreme court.

Describe what a prosecuting attorney does. How is this different from the defense attorney's job?

The job of the prosecutor is to take a case from the police and pursue it until the case terminates by trial, guilty plea or dismissal. Prosecutor must decide whether to pursue a formal charge and, if so, what crimes to charge. Defense counsel must zealously represent the criminal defendant from point of interrogation through trial process, demanding that the prosecution respect defendant's rights, treat the defendant fairly, and meet the burden of proof beyond a reasonable doubt in the event of the case goes to trial.

What law of evidence exists in a majority of American jurisdictions?

The most common version of evidence law in the United States is the Federal Rules of Evidence (FRE). Forty two states have currently adopted the FRE.

(2) Describe the purpose of the rules of evidence.

The objectives of the rules of evidence are to know what is admissible at a trial, ensure the integrity of all evidence, protect a defendant's rights, and ensure a fair trial.

Why do the rules of evidence "create much confusion for all who deal with them"

The rules of evidence create much confusion because they apply equally to all civil and criminal issues. They are frequently changed because of different judges interpretations of the rules. They usually become more restrictive against law enforcement. Also the rules for evidence differ in different states. 42 states have adopted the Federal Rules of Evidence but they differ slightly. All these factors account for the confusion.

"The American criminal justice system is an adversarial one" Explain the theory AND the reality of this statement.

The theory is that the accused are innocent until proven guilty and the accused have the right to counsel (lawyer), even before he or she is brought into court. Guilt must be determined. So defense attorneys and prosecuting attorneys compete against each other. Often a case is decided by how well law enforcement officers did their job this means did law enforcement identify and collect enough good evidence to disprove a solid defense. Reality-