CJ227 Criminal Procedure

1. CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 4 (Chapter 9 – Pretrial Motions, Hearings and Pleas) (Chapter 10 – Evidence) (Chapter 11 – Trial Participants)

2. CJ227 Criminal Procedure - Unit 4 Mini-review • In Unit 4 we learned about the 5th and 6th Amendments as they relate to: • Trials • Bench and jury trials • Right to a trial by jury • Petty offenses • Right to counsel

3. CJ227 Criminal Procedure - Unit 6 Preview • Tonight we will continue our look at the criminal justice process. • In Unit 6 we will cover: • Chapter 9, 10 and 11 • Pretrial motions, hearings and pleas • Courtroom evidence • Major trial participants

4. CJ227 Criminal Procedure - Unit 6 • What is meant by the term discovery? • What are the defendant’s rights to pre-trial discovery? • What is the prosecutions right to pre-trial discovery?

5. CJ227 Criminal Procedure - Unit 6 • Discovery – The inspection, review and copying of evidence anticipated to be used by the proponent against their adversary at trial. • Defendant’s rights – Not recognized at common law and currently in some states. Created to help the D prepare for trial and better receive a fair trial. • Defense may make an oral request or a written request which is submitted to the judge. What can be examined varies by state. • Prosecution’s rights – Limited by most states under the theory that production of evidence to the Pros by the D would be equivalent to self-incrimination. • Under the FRCP, the Prosecution has almost identical discovery rights to the D

6. CJ227 Criminal Procedure - Unit 6 • What is a motion to suppress -- • At Common Law? • Modernly? • What is a plea bargain?

7. CJ227 Criminal Procedure - Unit 6 • Motion to suppress – • Common Law -- any evidence that would assist in the determination of the truth was deemed admissible. • Modernly – 4th Amend protections must be followed. Under the Exclusionary Rule, any evidence not obtained in adherence of the 4th Amend is inadmissible unless an exception applies. (Mapp v.Ohio) • In most states, procedure is called hearing to suppress – Held before the trial and before a judge to renders a decision. Other states wait until evidence is sought to be introduced at trial.

8. CJ227 Criminal Procedure - Unit 6 • Plea bargain – agreement between the prosecution and D to accept a guilty plea in return for a lesser charge, charge dismissal, lesser sentence, etc. • In most jurisdictions, the plea negotiations can begin after the initial appearance or arraignment and can occur any time prior up to the final verdict. • Pleas must be related to the offense(s) charged. • Some states prohibit plea bargaining for serious felonies. • Some states allow the withdrawl of negotiated pleas.

9. CJ227 Criminal Procedure - Unit 6 • What is evidence? • What is meant by “relevance?” • What is meant by “more probabtive than prejudicial?” • What is meant by “judicial notice?”

10. CJ227 Criminal Procedure - Unit 6 • Evidence – an item or statement which proves or tends to prove a matter of consequence in a case. • All evidence must be relevant to be admissible. Evidence is relevant if it tends to prove the fact that one party is trying to advance. • Evidence is considered to be more probative than prejudicial if its relevance is more helpful and prejudicial (damaging) to the proponent. • Judicial notice – Evidence that is so well known that it does not a requirement of proof. Examples would be things like the 25th of December is Christmas Day.

11. CJ227 Criminal Procedure - Unit 6 • What is hearsay evidence? • What is the effect of evidence if it is found to be hearsay? • Can rulings on evidence be overturned on appeal?

12. CJ227 Criminal Procedure - Unit 6 • Hearsay – a statement offered by one other than the defendant while testifying at trial which is offered as evidence to prove the truth of the matter asserted • The effect of evidence found to be hearsay is that it is excluded. • Applies to evidence offered as part of direct or cross examination. • Burden is on the opposing party to object. • Hearsay evidence can be admitted if an exception applies. There are many exceptions to the hearsay rule

13. CJ227 Criminal Procedure - Unit 6 • What is “character evidence?” • Is character evidence admissible? • What is meant by “competency?” • Who is considered a lay witness? • Who is considered an expert witness?

14. CJ227 Criminal Procedure - Unit 6 • Character evidence – evidence of a persons character or a trait of character. • Generally character evidence is not admissible to proving an action in conformity with a particular occasion. • Character evidence IS admissible if used: • Character if the accused • As rebuttal evidence • To impeach a witness • Evidence of prior bad acts to show a common plan or scheme • Competency – Under the FRCP, generally, any person is presumed to be competent to testify • Lay witnesses – may only testify as to facts within their own personal knowledge • Expert witnesses – a witness who has specific knowledge to help the jury or trier of fact better understand matters which are technical or generally known. Only expert witnesses can testify as to both factual and hypothetical (opinion) matters.

15. CJ227 Criminal Procedure - Unit 6 • What is meant by impeachment? • When can a witness be impeached? • What is meant by the ‘Chain of Custody?”

16. CJ227 Criminal Procedure - Unit 6 • Impeachment – purpose is to rebut or discredit the testimony of a witness. • Generally impeachment is permitted by any party…including the party calling the witness. • Chain of custody – refers to the point from which a piece of evidence is seized until it is admitted into evidence in court. • Most important portion is from seizure to analysis of substance (if applicable). Gaps in chain of custody pre analysis can be fatal. • Other gaps in chain go to weight (significance) of evidence and not to admissibility

17. CJ227 Criminal Procedure - Unit 6 • Who are the 3 major participants in every criminal trial? • What are the primary duties of the trial judge? • What is contempt of court?

18. CJ227 Criminal Procedure - Unit 6 • The 3 major participants in every criminal trial are: • Trial judge • Prosecution • Defense • Primary duties of the trial judge include: • Makes rulings on all pre-trial motions, ensures that justice is carried out, trial is conducted in a fair manner. • Contempt of court – a disrespectful action toward the court or one that affects the administration of justice. Can take 2 forms: • Direct contempt – those that take place in front of the judge • Indirect contempt – those take place outside the presence of the judge.

19. CJ227 Criminal Procedure - Unit 6 Mini Review • In Unit 6 we covered: • Chapter 9, 10 and 11 • Pretrial motions, hearings and pleas • Courtroom evidence • Major trial participants

20. CJ227 Criminal Procedure - Unit 7 Preview • In our Unit 7 seminar we will discuss: • Chapters 12 & 13 • Juries • Juror qualification • Trial Procedures • Opening Statements • Witness Examinations • Objections to Testimony • Insanity …..and as always, much, much more!! 