Criminal Procedure

Criminal Procedure. Class Eight. Today’s Topics: Confessions. Right to counsel Massiah Doctrine After formal charges Covert activity On-going investigation Waiver Exclusionary rule. Today’s Topics: Identification. Right to counsel Due process limitations.

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Criminal Procedure CJ 422 Chapter 15 Constitution and Crisis Andrew Fulkerson, JD, PhD

Constitution and Crisis. Emergency powers may be given to governmentLimitation on emergency powersNecessity - must be absolutely necessary for government to take powerTemporary - as soon as crisis over, exercise of power must end. War on Terrorism - Post 9/11. Different kind of warNo defined na

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 7 Religion in

Effect of Imprisonment on Religious Rights. First Amendment:

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CRIMINAL PROCEDURE

CRIMINAL PROCEDURE. Class Fourteen. Today’s Topics. Overview: “Protections” Impact of Acquittal D’s Appeal Second Trial of Convicted D “Same Offense” D Responsible. Today’s Topics. Collateral Estoppel Dual Sovereigns Aborted Proceedings Vindictiveness. Double Jeopardy.

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Constitutional Rights of Inmates Chapter 11 Additional Litigation Andrew Fulkerson, JD, PhD Southeast Missouri State

Classification. Classification - assessment of inmate PersonalityBackgroundPotential. Classification. Assignment of inmate to specific status or institutional setting consistent with assessmentPurpose of classification is for rehabilitative and security assignmentClassification is an administ

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 6 The Hole

Order Maintenance. Punitive isolation (penalty for violating rules)The jail's jailSolitary confinementReduced dietLimits on reading materialsLimits on outside exercise. Administrative Segregation. Isolation for reason other than punishmentProtective isolationIsolation during investigation.

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Constitutional Rights of Inmates Chapter 13 Civil and Criminal Liability Of Prison Officials Andrew Fulkerson, JD, Ph

Remedies for Violation of Inmate Rights. Judicial remediesAdministrative remedies largely unusedAdministrative remedies are good alternative to court. Federal Court Jurisdiction. Generally, federal court jurisdiction is limited to cases arising under"U.S. ConstitutionU.S. law United States Co

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Constitutional Rights of Inmates Comparative Law Andrew Fulkerson, JD, PhD

Naval History. The U.S.S. Constitution (Old Ironsides) as a combat vessel carried 48,600 gallons of fresh water for her crew of 475 officers and men. This was sufficient to last six months of sustained operations at sea. She carried no evaporators (fresh water distillers). . Naval History. Accordin

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Constitutional Rights of Inmates Chapter 12 Parole and Probation Andrew Fulkerson, JD, PhD Southeast Missouri State

Parole. Procedure where convicted defendant is sentenced to period of imprisonment, Serves final part of sentence outside prison.. Parole. Person remains under supervisionSubject to certain rulesPrisoner has served at least part of prison sentenceConditional release from confinementPerson is

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Prison Rape Elimination Act - PREA Constitutional Rights of Inmates Andrew Fulkerson, JD, PhD

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 4 Right to V

Introduction. Inmates' visitation rights have been strictly limited by officials.Visitors must be approvedControlling visitation discretionaryDiscretion not be disturbed by court unless clear abuse of discretionDiscretion may not be used in discriminatory manner.. Visitation. Visitation procedu

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Andrew Fulkerson, JD, PhD Criminal Procedure Chapter 9 Identification Procedures

Identification Procedures. lineupsshow-upspicture identification. Identification. Lineups: witness attempts to identify suspect in a groupShow-up: witness attempts to identify suspect alonePicture identification: witness attempts to identify suspect from a group of photographs. Eyewitness

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Constitutional Rights of Inmates Chapter 14 Prison Litigation Reform Act Andrew Fulkerson, JD, PhD Southeast Missour

Prison Litigation Reform Act . Since 1960s number of prisoner civil rights lawsuits has grown steadilyOnly a few hundred filed in federal courts in 1960sOver 24,000 filed in 1988Over 41,000 filed in 1996Prisoner suits made up over 15% of federal civil caseload. Most Suits Had No Merit. Tempera

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 3 Use of For

Use of Force-Introduction. Physical force by officer against personLiability for excess forcePrior case law find liability only when force used to extent that it

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Criminal Procedure Chapter 13 Pretrial, Trial and Convict

Trials. Article III, Section 2 of the U.S. Constitution provides for jury trials5th Amendment provides no person shall be compelled to be witness against himself6th Amendment provides: right to speedy trial by impartial juryright to confront witnesseshave assistance of counsel. Guilty Plea.

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Chapter 9 Prison Disciplinary Proceedings Constitutional Rights of Inmates Andrew Fulkerson, JD, PhD Southeast Misso

Disciplinary Proceedings. Prison disciplinary actions determined by board or committee.Courts not involved in disciplinary actions of prison unless constitutional violation.Issue is whether there is a constitutionally protected liberty interest that has been violated.. Due Process. Due process is

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Constitutional Rights of Inmates Chapter 8 Legal Services Andrew Fulkerson, JD, PhD Southeast Missouri State Univers

Legal Services. Fundamental element of due process clause of 14th Amendment is access to courtsIncludes right to hearing appropriate to the caseAt meaningful time and in meaningful manner. Legal Services. Ex parte Hull, 312 U.S. 546 (1940) state prison regulation required all inmate court proc

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Andrew Fulkerson, JD, PhD Southeast Missouri State University Constitutional Rights of Prisoners Chapter 3 Use of For

Use of Force-Introduction. Physical force by officer against personLiability for excess forcePrior case law find liability only when force used to extent that it shocked the conscience.". Use of Force-Introduction. Current standard for seized person before or during arrest (Graham v, Conner, 1

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CRIMINAL PROCEDURE

CRIMINAL PROCEDURE. CLASS THIRTEEN. Today’s Topics: Counsel. Conflicts of Interest Gov’t-Induced Ineffectiveness Perjury Selection Limits Self-Representation. Today’s Topics: Sentencing. Basic Concepts Constitutional Limitations Punishment Options to Incarceration

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Criminal Procedure

Criminal Procedure . Class One, con’t. Reasonable Expectation of Privacy. Open Fields Public Access Only Illegal Activity Detected Sensory Boosts Private Actors Jails, Schools, Public Employees. Investigations which uncover only illegal activity. Canine Sniffs Chemical Testing for Drugs.

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Chapter 8 – Criminal Procedure

Chapter 8 – Criminal Procedure. Why we have laws. Laws establish a code of conduct Laws protect the community from harm Laws reflect changing values and circumstances Resolution of disputes. Case Study – What do you think?.

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CRIMINAL PROCEDURE

CRIMINAL PROCEDURE. Class Six. Today’s Topics: Fourth Amendment. Standing Derivative Evidence Independent Source Inevitable Discovery Good Faith Alternatives. Today’s Topics: Fifth Amendment. Privilege Against Self Incrimination Policies Scope Compulsion Holder

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