Crime and Trial

1. Crime and Trial

2. Before the trial • Crime occurs • Investigation

3. Reasonable expectation of privacy

4. Probable Cause • A good reason to believe a crime has been committed or there is evidence to be found • More than a hunch but less than absolutely sure • articulable: capable of being expressed, explained, or justified • Is needed to search • The more probable cause the more intrusive the search can be • Rule of thumb: Is needed to search

5. Reasonable Suspicion • More than nothing but less than probable cause • Enough to investigate further and can hold someone for a limited amount of time. • Not enough to search

6. Warrants • a legal paper, issued by the court, giving police permission to make an arrest, seizure, or search. • In order to get a search warrant there must be probable cause • The Police will give an affidavit to the judge listing the probable cause

7. Search Warrants • A search warrant is needed to search a house. • Must include the WHAT and the WHERE • What they can look for • Where they can look

9. What if a search is illegal?

10. Exclusionary Rule • Any evidence obtained illegally cannot be used in court.

11. Fruit of the Poisonous Tree • a rule that once primary evidence is determined to have been illegally obtained any secondary evidence following from it may also not be used.

12. Arrest Warrants • An arrest warrant is required to arrest someone in his or her homes for a previous crime.

13. Search exceptions and details • Area around a lawful Arrest • Also known as incident to arrest • Cell phones (Supreme court ruling) • Stop and Frisk (Terry Search) • Consent • Who can give consent? • Plain View • Hot pursuit

14. Vehicles • Emergency (exigent) situations • Boarders and airports • Student searches • Sobriety checkpoints

15. Police Questioning • 5th Amendment right to remain quiet

16. Police Coercion • is the practice of forcing another party to act in an involuntary manner by use of intimidation, threats, promises or some other form of pressure to get an suspect to give statements.

17. Why are the Miranda Rights required? • Miranda v Arizona (1966)

19. Miranda Rights • Miranda • Custody + Questioning = Miranda Rights • If Miranda rights were required but not read, only what was said isn’t allowed in court. • It does not mean the person is free.

20. The arrest and trial

21. Booking • Initial court appearance (Bail) • What is bail • What is the purpose of bail? • When can bail be denied?

22. Preliminary Hearing • a preliminary hearing is a hearing in which the judge decides whether there is enough evidence to force the defendant to stand trial.

23. Arraignment • Where the defendant is officially indicted • Reads the criminal charge(s) against the person (now called the "defendant"); • The defendant enters a plea to these charges • Guilty • Not Guilty • No Contest (Nolo Contendere) • According to the US Dept of Justice, in Ninety-seven percent of convictions occurring within 1 year of arrest were obtained through a guilty plea. About 9 in 10 guilty pleas were to a felony. • Announces dates of future proceedings in the case.

24. Grand Jury • Usually 23 people who determine if there is enough evidence to indict. • Can be used instead of the preliminary hearing. • Is used in all federal cases and some state cases.

25. Who are the people • Defendant • Prosecution • Defense lawyer • Public defender • Private defense lawyer

26. Plea Bargain • What is a plea bargain • Why would both sides agree to a plea bargain

27. Pre Trial motions • A motion is a formal request that a court make a ruling or take some other action. • Motion to dismiss • Motion to suppress • Motion to change venue

28. Trial • Speedy and Public Trial • Jury Selection (voir dire) • Jury pool • Peremptory challenge • Challenge for Cause

30. Jury • Must reach a unanimous verdict • Beyond a reasonable doubt

31. Pros Regular people Beyond a reasonable doubt Unanimous Cons Unanimous (harder to reach verdict) May be swayed by appearance Some may be easily persuaded Some don’t want to be there Can’t afford to miss work Peer pressure May not see all evidence Jury System

33. Evidence not allowed • Rumors and biased views • “everybody knows that…” • Hearsay • Repeating statements that were told to you • Illegally obtained evidence

34. Criminal Trial Procedure • Opening statements • Statements made to the jury by each lawyers. An introduction to the case • Prosecution case • Prosecution presents all of their evidence and witnesses first. • Compulsory process • The right to force a witness to testify in court. It is carried out with a subpoena • Subpoena • A court order to appear in court • Testimony • Statements made under oath

35. Right to confront witnesses • The right to question all witnesses and challenge all evidence • Defense Case • Defense presents their case after the prosecution has rests. • Right to remain silent • The defendants right not to testify in court.

36. Types of defense • Innocent • “I didn’t do it” • Insanity • “I did it but I didn’t know it was wrong” • Self Defense • “I did it but I was acting in self defense” • Entrapment • “The police made me do it” • Mistake • “I did it but it was an honest mistake”

37. Closing statement • Each lawyer has an opportunity to address the jury. A conclusion. • Jury instruction • Judge instructs the jury as to what they must determine. • Jury Deliberation • When the jury discusses the case and tries to reach a verdict. • Beyond reasonable doubt • Means that there is not doubt about guilt • To vote to convict a juror must be beyond doubt • Unanimous • Means that all jurors must be in agreement as to guilt or innocence.

38. Verdict • The jury’s decision • Convict • To find guilty • Acquit • To find not guilty • Hung Jury • When a jury can’t reach an unanimous verdict. • The defendant can be re-tried.

39. Double Jeopardy • The Constitutional right that prevents someone from being tried a second time for a crime in which they were acquitted. • What isn’t a violation of double jeopardy • Mistrial • Hung jury • Multiple offenses

40. Sentencing • When? • Pre Sentence investigation • Pre-sentence report • What happens during sentencing?

41. Types of Criminal Sentences • Suspended Sentence • The sentence is given, but does not have to be served at the time it is imposed. • Defendant may not serve any time in jail as long as he follows rules • Probation • The defendant is released under the supervision of a probation officer • They must follow certain conditions such as getting a job, staying drug free, and staying current location

42. House Arrest • The defendant to sentenced to serve their time in their home • Fine • Defendant must pay money to the government • Restitution • The defendant is required to pay the victim for the loss or injury caused to the victim by the crime

43. Work Release • The defendant is required to work in the community but must return to jail when not working • Imprisonment • The defendant serves their sentence in jail or prison • Death

44. Purpose of Punishments

45. Deterrence • The purpose of the punishment is to deter the punished and others from committing the crime in the future.

46. Rehabilitation • The purpose is to help the convicted person to change their behavior so they can live a productive life after release.

47. Incapacitation • The purpose is to physically separate the convicted person from society so the community will be protected.

48. Retribution The government giving a just punishment for the crime “an eye for and eye”

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50. Parole