Criminal Procedure 2 Chapters 1-4

Habeas Corpus

"you have the body" -The legal protection that prohibits the imprisonment of a subject without demonstrated cause -not part of the criminal case

Circumstantial Evidence

(indirect evidence) evidence used to imply a fact but not prove it directly

Right to an indictment

-About half of the states follow the Fifth Amendment requirement of a grand jury indictment for capital or "infamous" crimes. -In other states, elected prosecutors determine whether to charge a defendant and what crimes to charge. -Defendants charged with a felony by a prosecutor have the right to a preliminary hearing.

Notice of Alibi Statutes

-An alibi defense alleges the defendant could not have committed the crime that is charged because the defendant was at another place at the time the crime was committed. -Most states have notice of alibi statutes that require defendants who plan to use an alibi defense to serve notice on the prosecutor within a certain period of time before trial.

The Right of a Defendant to be Present During Trial

-Common law principles mandate a defendant has the right to be present during his criminal trial and cannot be trial in absentia. -The Supreme Court has held that federal rules require that in felony cases the defendant must be present at the beginning of the trial.

Overall goals of the criminal justice system are:

-Discourage and deter people from committing crimes; -Protect society from dangerous and harmful people; -Punish people who have committed crimes; and -Rehabilitate and reform people who have committed crimes.

The Federal Rules of Evidence

-Each state retains the power to interpret and modify the rules of evidence. -The meaning and application of the federal rules of evidence can vary between federal courts and state courts. -The federal rules of evidence and most state rules of evidence apply in both civil and criminal trials.

inquisitorial system

-In some European countries, special judges are responsible for investigating serious crimes and questioning witnesses and suspects. -Countries that use the inquisitorial system rely more heavily on obtaining confessions to solve crimes.

State and Federal Jurisdiction Over Crimes in the United States

-Most crimes committed in the United States are violations of state criminal codes. -Some crimes are federal offenses in violation of the federal criminal code. -A small percentage of criminal offenses are violations of both the federal criminal code and a state criminal code.

It is the defendant's choice whether to testify in his or her own defense.

-Most defendants do not testify, for a variety of tactical reasons. -A defendant who testifies is subject to cross-examination. -Many defense lawyers want to avoid this risk.

The following pleas are available to defendants:

-Not guilty plea. -Guilty plea: This may be a regular guilty plea or an Alford guilty plea in states that permit them. -An insanity plea (or defense): Usually this plea is not guilty by reason of mental disease or defect. -No contest plea (nolo contendere plea) -Standing mute or refusing to enter a plea: This plea ordinarily causes the court to enter a plea of not guilty.

Rules of evidence that assist the judge or jury:

-Requirement for relevant, reliable, and competent evidence -Opinion evidence rule -Hearsay rules

The promptness rule

-Suspects arrested without warrant must be given a probable-cause hearing within 48 hours of arrest. -Further delay requires the government to demonstrate why the circumstances could not be avoided. -Sanctions may include preclusion of evidence collected during the delay.

Rule 11 of the Federal Rules of Criminal Procedure lists fourteen specific topics that the trial judge must address, including:

-The right to plead not guilty; -The right to have an attorney appointed; -The right to a jury trial; and -The right to information about the possible sentence

During a trial, both the prosecutor and the defense attorney have two main goals:

-To present the facts that are the most advantageous to their position, and -To make it difficult for their opponent to do the same.

Criminal laws may be enacted by the federal government in the following areas:

-To protect itself, its officials and employees, its property, and the administration of its authorized functions; -To regulate interstate and foreign commerce; -To protect civil rights; and -To enact criminal laws for places beyond the jurisdiction of any state.

Imposed sentences may be reviewed by the following authorities

-Trial judge -Appellate courts -Federal courts -State parole board or parole authorities -The President of the United States and state governors

Congress may pass criminal laws under the Commerce Clause only if a prohibited activity:

-Uses the "channels" of interstate commerce, e.g., by taking place in more than one state -Uses the "instrumentalities" of interstate commerce, e.g., telephone lines or the postal service -Has a substantial effect on interstate commerce.

Methods and questions raised in a team review of evidence can include:

-What physical evidence is available? -Was the evidence obtained in a manner that can be attacked or suppressed? -What witnesses are available, and how reliable and dependable are they? -What are some likely ways that witnesses may be attacked on cross-examination? -Is there a suspect or suspects? -Are confessions or incriminating statements available?

Impermissible inferences include:

-When a defendant exercises the privilege against self-incrimination (e.g., Griffin v. California); -When the information is protected by the rape shield law (e.g., Commonwealth v. Nieves); and -The cessation of signature crimes after a suspect's arrest (e.g., State v. Miller).

6th Amendment provides the accused with the right to

-a fair, speedy and public trial -an impartial jury -information about the nature and cause of the accusation -the ability to confront and cross-examine witnesses -counsel for assistance in defense.

Writs of habeas corpus

-are filed in U.S. district courts -ask the court to determine whether the defendant is being held in violation of his constitutional rights. -The denial of a writ is itself appealable by the defendant through the federal appellate system.

Writs of certiorari

-are filed in the U.S. Supreme Court -are limited to a review of state court rulings that violate the defendant's rights under the Constitution. -Writs of certiorari are very rarely granted.

The Declaration of Independence

-declared that governments derive power from the consent of the governed -repudiated the divine right of kings -stated that all men are created equal

5th Amendment protects the accused from

-detention without a presentment or indictment by a grand jury -double jeopardy -self-incrimination -deprivation of life, liberty, or property without due process

Magna Carta

-established minimum standards for arresting and imprisoning individuals accused of crimes -early idea for arrests and searches -required a demonstration of probable cause -evolved into probable cause

The Fourth Amendment

-forbids searches without a warrant unless a justifiable exception can be shown. -The historic foundation for the Fourth Amendment can be traced back to the Magna Carta and the probable cause requirement.

Evidentiary Rules

-gates through which evidence flows in our criminal court system -most have their origins in english law -important to safeguard rights of accused persons in a fair trial and to ensure the interest of the public in the proper functioning of the criminal justice system

The Bill of rights

-initially only applied to the federal government not the states -not until the 14th amendment when they finally added the rights to apply to the states

Modus operandi ("method of working or operating")

-is commonly used as an investigative tool to link crimes to suspects. -Modus operandi evidence, such as evidence of other crimes with similar elements, permits the jury to draw inferences of guilt where the other crimes can be tied to the defendant.

Federalism

-means that the central government has the power and authority to handle national problems, and the states have the power to regulate local needs and problems. -Federalism allows for diversity and flexibility at state and local levels of government.

Early methods of determining guilt or innocence

-use of ORDEALS was common, ex: duels in which winners were considered innocent and losers were guilty -judgement was often pronounced by the clergy through oaths and oath helpers (similar to witnesses today) -presentment of juries: composed of community residents were also used.

The Brady rule

A prosecutor has a duty to disclose evidence favorable to an accused upon request where the evidence is material to the defendant's guilt or innocence

Fast Track Trials

Defendants in these trials must prepare for a speedy trial or have the choice of "fast-tracking" plea bargaining.

sufficiency-of-evidence requirement

Defense argues there wasn't sufficient evidence to support the verdict or finding of guilt beyond a reasonable doubt.

Exculpatory evidence

Evidence that tends to show innocence

Rule 403

Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons -Unfairly prejudice a party; Confuse the jury; or Waste the court's time.

Rule 402

General Admissibility of Relevant Evidence

preliminary hearing

If a felony is charged in the criminal complaint, a __________________________will be held. -The judge can also dismiss the charges if the prosecution's case is weak.

Affirmative Defense

If the case is not dismissed, the defendant may present evidence to either cast doubt on the prosecution's case or to prove another type of defense such as insanity, immunity, entrapment, or double jeopardy

no contest (nolo contendere) plea

In most states and in the federal courts, this plea may be made only with the consent of the trial judge

Adversarial System

In the American system, the prosecutor and the defense attorney seek to establish the facts in opposition to each other.

Bill of Rights

Individual rights in criminal prosecution are present in various parts of the________________________& Constitution -provides protections for citizens within the first 10 amendments -made applicable to the states through the 14th amendment due process laws

Rules of evidence that expedite trials:

Rules concerning judicial notice Rules concerning presumptions and inferences

Rules of evidence that have other purposes:

Testimonial privilege rules Exclusionary rule

What is SORNA?

The Sex Offender Registration and Notification Act: requires convicted sex offenders to register in the states where they live and to which they travel. -Offenders who failed to register in another state when traveling often filed federal suits claiming that Congress lacked the power to pass SORNA laws.

Two components of the burden-of-proof requirement:

The burden of production The burden of persuasion

Lost, Misplaced, or destroyed evidence

The court held that it is not a violation of due process unless: -The loss was due to bad faith on the part of the police or other law enforcement official. -The evidence was likely significant to the defendant's case.

Initial Appearance

The defendant appears before the judge at the ________________ (arraignment) where the charges are read, a plea is entered, and bail is set.

Plea

The defendant enters a ___________ at the arraignment and the case is bound over to the appropriate criminal court for trial.

Evidence

The means of establishing and proving the truth or untruth of any fact that is alleged

Military courts

These courts are for members of the U.S. Armed Forces

Federal and state courts

These courts handle about 95 percent of all criminal trials in the United States.

Military commissions

These courts were established in 2004 for "enemy combatants" held by the U.S. military.

Common Law

U.S. constitution does not grant the federal government a general police power, nor has there ever been federal criminal __________________

prima facie case

What the prosecution or plaintiff must be able to prove in order for the case to go to the jury - that is, the elements of the prosecution's case or the plaintiff's cause of action. -at first look

In order to convict...

a defendant for the crime charged, every essential element of the crime must be proved by the prosecution beyond reasonable doubt.

criminal indictment

a list of criminal charges issued by a grand jury, which has heard evidence presented by a U.S. Attorney or a state prosecuting attorney. -States that do not use the grand jury system may begin a criminal case with an information.

Conditional Guilty Plea

a negotiated arrangement whereby a defendant can sometimes preserve certain rights following a plea agreement

Inferences

are conclusions that a jury or judge may make based upon the evidence presented

Peremptory challenges

are determined by state law and are not required by the U.S. Constitution

In a criminal prosecution, the accused is considered innocent until proven guilty through what level of certainty?

beyond a reasonable doubt

During jury selection...

both sides are given peremptory challenges to exclude potential jurors from being selected. Both sides are also given unlimited challenges for cause.

Suspected enemy combatants

can be tried in military tribunals as opposed to federal district court.

Fingerprints and shoe prints are

circumstantial evidence -inferences can be drawn from their presence at a crime scene. -The jury may use a permissible inference to reach a conclusion.

Direct Evidence

evidence that (if true) proves an alleged fact, such as an eyewitness account of a crime -no inference needs to be drawn

Competent evidence

includes relevant, reliable evidence that is not otherwise rendered inadmissible.

Motion to suppress evidence

is a written or oral request to a judge to keep out evidence at a trial or hearing. -often made when a party believes the evidence was unlawfully obtained. -the judge must review the evidence.

Relevant evidence

is direct or circumstantial evidence that has a tendency to make a material issue before the court more or less probable.

Corroborative Evidence

is evidence that adds weight or credibility to a case. -In rape cases, this evidence is important to reinforce the testimony of the victim.

Reliable evidence

is evidence that possesses a sufficient degree of believability. -Evidence which is deemed unreliable is inadmissible at trial.

Parole evidence

is oral or verbal evidence. If a confession is only verbal, it is a considered a parole confession.

Tangible evidence

is physical evidence such as weapons, illegal drugs, or shoplifted items.

Circumstantial evidence

is that which indirectly proves or disproves a fact in issue and requires the fact finder to draw inferences.

Direct evidence

is that which proves or disproves a fact in issue without any reasoning or inferences. Direct and circumstantial evidence must also be used to prove mental elements that are required elements in many crimes.

Proof

is the result of evidence and evidence is the means of attaining proof.

Testimonial evidence

is the statements of witnesses in court under oath.

Alford guilty plea

permits a defendant to enter a guilty plea while at the same time asserting his or her innocence. Most state courts hold that an Alford pleas is the "functional equivalent" of a regular plea of guilty.

The U.S. Supreme Court has ruled that the defendant's _______________________is a basic component of a fair trial.

presumption of innocence

3 Requirements for evidence to be admissible

relevant, reliable, competent

The burden of production

requires the party with the burden on a factual issue to introduce sufficient relevant evidence to prove the fact at issue

The burden of persuasion

requires the party with the burden to produce sufficient evidence to persuade the fact finder that a fact exists

petit juries

small juries that not only determine guilt or innocence but also find facts about this determination

The Tenth Amendment of the U.S. Constitution

states that powers not delegated to the United States are reserved to the states or the people.

All federal crimes have to be...

statutory crimes enacted by Congress.

A defendant may waive the right to a speedy trial with permission of who?

the court

corpus delicti

the crime has been committed and this defendant committed the crime

The foundations of a valid guilty plea are:

the defendant's voluntary admission that he or she committed the acts charged; and the defendant's knowing consent to the judgment of guilt without trial.

Criminal complaint

the filing of a_____________________ with a magistrate or other judicial official is how a typical misdemeanor case begins. -can be filed with the court before or after the defendant is placed under arrest, depending on the case.

Under the Due Process clauses of the Fifth and Fourteenth Amendments

the law does "not require a defendant receive a perfect trial, only a fair one."

To prove intent...

the law infers that people intend the reasonable, foreseeable consequences of their intentional and deliberate acts.

Hearsay Rule

the long-standing precedent that hearsay cannot be used in American courtrooms, because second and third hand information is not reliable enough

Insanity Defense/Plea

used by defendants primarily in murder cases, for which sentences are severe. -The defendant would very likely then be held for mental observations and treatment for a much longer period than would have been the case had he or she been convicted of the crime charged.

The rules of evidence ultimately decide...

what evidence will be presented to the judge and jury for evaluation.

Plea bargaining

when a defendant agrees to enter a guilty plea in return for a reduction in the charge or sentence. Prosecutors often charge defendants with multiple offenses; the lesser offenses are dropped in exchange for a guilty plea to the principal criminal charge