Crime and Trial Crime and Trial

Before the trial Before the trial

Crime occursCrime occurs InvestigationInvestigation

Reasonable expectation of privacyReasonable expectation of privacy

Probable CauseProbable Cause A good reason to believe a crime has been A good reason to believe a crime has been

committed or there is evidence to be foundcommitted or there is evidence to be found More than a hunch but less than absolutely More than a hunch but less than absolutely

suresure articulablearticulable :: capable of being expressed, capable of being expressed,

explained, or justifiedexplained, or justified Is needed to searchIs needed to search The more probable cause the more The more probable cause the more

intrusive the search can beintrusive the search can be Rule of thumb: Is needed to searchRule of thumb: Is needed to search

Reasonable SuspicionReasonable Suspicion

More than nothing but less than More than nothing but less than probable causeprobable cause

Enough to investigate further and Enough to investigate further and can hold someone for a limited can hold someone for a limited amount of time.amount of time.

Not enough to searchNot enough to search

WarrantsWarrants

a legal paper, issued by the court, a legal paper, issued by the court, giving police permission to make an giving police permission to make an arrest, seizure, or search.arrest, seizure, or search.

In order to get a search warrant In order to get a search warrant there must be probable causethere must be probable cause

The Police will give an affidavit to the The Police will give an affidavit to the judge listing the probable causejudge listing the probable cause

Search WarrantsSearch Warrants

A search warrant is A search warrant is needed to search a needed to search a house.house.

Must include the Must include the WHAT and the WHAT and the WHEREWHERE

What they can look What they can look forfor

Where they can look Where they can look

What if a search is illegal?What if a search is illegal?

Exclusionary RuleExclusionary Rule

Any evidence obtained illegally Any evidence obtained illegally cannot be used in court.cannot be used in court.

Fruit of the Poisonous TreeFruit of the Poisonous Tree

a rule that once primary evidence is a rule that once primary evidence is determined to have been illegally determined to have been illegally obtained any secondary evidence obtained any secondary evidence following from it may also not be following from it may also not be used.used.

Arrest WarrantsArrest Warrants

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

Search exceptions and Search exceptions and detailsdetails Area around a lawful ArrestArea around a lawful Arrest

Also known as incident to arrestAlso known as incident to arrest Cell phones (Supreme court ruling)Cell phones (Supreme court ruling)

Stop and Frisk (Terry Search)Stop and Frisk (Terry Search) ConsentConsent

Who can give consent?Who can give consent? Plain ViewPlain View Hot pursuitHot pursuit

VehiclesVehicles Emergency (exigent) situationsEmergency (exigent) situations Boarders and airportsBoarders and airports Student searchesStudent searches Sobriety checkpointsSobriety checkpoints

Police QuestioningPolice Questioning

55thth Amendment right to remain quiet Amendment right to remain quiet

Police Coercion Police Coercion

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

Why are the Miranda Rights Why are the Miranda Rights required?required?

Miranda v Arizona (1966)Miranda v Arizona (1966)

Miranda RightsMiranda Rights

MirandaMiranda Custody + Questioning = Miranda Custody + Questioning = Miranda

RightsRights If Miranda rights were required but If Miranda rights were required but

not read, only what was said isn’t not read, only what was said isn’t allowed in court. allowed in court.

It does not mean the person is free.It does not mean the person is free.

The arrest and trialThe arrest and trial

BookingBooking Initial court appearance Initial court appearance

(Bail)(Bail) What is bailWhat is bail What is the purpose of What is the purpose of

bail?bail? When can bail be denied?When can bail be denied?

Preliminary HearingPreliminary Hearing

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

ArraignmentArraignment

Where the defendant is officially indictedWhere the defendant is officially indicted Reads the criminal charge(s) against the person Reads the criminal charge(s) against the person

(now called the "defendant"); (now called the "defendant"); The defendant enters a plea to these chargesThe defendant enters a plea to these charges

GuiltyGuilty Not GuiltyNot Guilty No Contest (Nolo Contendere) No Contest (Nolo Contendere)

According to the US Dept of Justice, in Ninety-seven According to the US Dept of Justice, in Ninety-seven percent of convictions occurring within 1 year of arrest percent of convictions occurring within 1 year of arrest were obtained through a guilty plea. About 9 in 10 were obtained through a guilty plea. About 9 in 10 guilty pleas were to a felony.guilty pleas were to a felony.

Announces dates of future proceedings in the Announces dates of future proceedings in the case.case.

Grand JuryGrand Jury

Usually 23 people who determine if Usually 23 people who determine if there is enough evidence to indict.there is enough evidence to indict.

Can be used instead of the Can be used instead of the preliminary hearing.preliminary hearing.

Is used in all federal cases and some Is used in all federal cases and some state cases.state cases.

Who are the peopleWho are the people

DefendantDefendant ProsecutionProsecution Defense lawyerDefense lawyer

Public defenderPublic defender Private defense lawyer Private defense lawyer

Plea BargainPlea Bargain

What is a plea bargainWhat is a plea bargain Why would both sides agree to a Why would both sides agree to a

plea bargainplea bargain

Pre Trial motionsPre Trial motions

A motion is a formal request that a A motion is a formal request that a court make a ruling or take some court make a ruling or take some other action.other action.

Motion to dismissMotion to dismiss Motion to suppressMotion to suppress Motion to change venueMotion to change venue

TrialTrial

Speedy and Public TrialSpeedy and Public Trial Jury Selection (voir dire)Jury Selection (voir dire)

Jury poolJury pool Peremptory challengePeremptory challenge Challenge for CauseChallenge for Cause

JuryJury Must reach a unanimous verdictMust reach a unanimous verdict Beyond a reasonable doubtBeyond a reasonable doubt

Jury SystemJury System ProsPros

Regular peopleRegular people Beyond a reasonable Beyond a reasonable

doubtdoubt UnanimousUnanimous

ConsCons Unanimous (harder Unanimous (harder

to reach verdict)to reach verdict) May be swayed by May be swayed by

appearanceappearance Some may be easily Some may be easily

persuadedpersuaded Some don’t want to Some don’t want to

be there be there Can’t afford to miss Can’t afford to miss

workwork Peer pressurePeer pressure May not see all May not see all

evidenceevidence

Evidence not allowedEvidence not allowed

Rumors and biased viewsRumors and biased views ““everybody knows that…”everybody knows that…”

HearsayHearsay Repeating statements that were told to Repeating statements that were told to

youyou Illegally obtained evidenceIllegally obtained evidence

Criminal Trial ProcedureCriminal Trial Procedure Opening statementsOpening statements

Statements made to the jury by each Statements made to the jury by each lawyers. An introduction to the caselawyers. An introduction to the case

Prosecution caseProsecution case Prosecution presents all of their evidence Prosecution presents all of their evidence

and witnesses first.and witnesses first. Compulsory processCompulsory process

The right to force a witness to testify in The right to force a witness to testify in court. It is carried out with a subpoenacourt. It is carried out with a subpoena

SubpoenaSubpoena A court order to appear in court A court order to appear in court

TestimonyTestimony Statements made under oathStatements made under oath

Right to confront witnessesRight to confront witnesses The right to question all witnesses and The right to question all witnesses and

challenge all evidencechallenge all evidence Defense CaseDefense Case

Defense presents their case after the Defense presents their case after the prosecution has rests.prosecution has rests.

Right to remain silentRight to remain silent The defendants right not to testify in The defendants right not to testify in

court.court.

Types of defenseTypes of defense InnocentInnocent

““I didn’t do it”I didn’t do it” InsanityInsanity

““I did it but I didn’t know it was wrong”I did it but I didn’t know it was wrong” Self DefenseSelf Defense

““I did it but I was acting in self defense” I did it but I was acting in self defense” EntrapmentEntrapment

““The police made me do it”The police made me do it” MistakeMistake

““I did it but it was an honest mistake”I did it but it was an honest mistake”

Closing statementClosing statement Each lawyer has an opportunity to address Each lawyer has an opportunity to address

the jury. A conclusion.the jury. A conclusion. Jury instructionJury instruction

Judge instructs the jury as to what they Judge instructs the jury as to what they must determine.must determine.

Jury DeliberationJury Deliberation When the jury discusses the case and tries When the jury discusses the case and tries

to reach a verdict.to reach a verdict. Beyond reasonable doubtBeyond reasonable doubt

Means that there is not doubt about guiltMeans that there is not doubt about guilt To vote to convict a juror must be beyond To vote to convict a juror must be beyond

doubtdoubt Unanimous Unanimous

Means that all jurors must be in agreement Means that all jurors must be in agreement as to guilt or innocence.as to guilt or innocence.

VerdictVerdict The jury’s decisionThe jury’s decision

ConvictConvict To find guiltyTo find guilty

AcquitAcquit To find not guiltyTo find not guilty

Hung JuryHung Jury When a jury can’t reach an unanimous When a jury can’t reach an unanimous

verdict.verdict. The defendant can be re-tried.The defendant can be re-tried.

Double JeopardyDouble Jeopardy The Constitutional right that prevents The Constitutional right that prevents

someone from being tried a second time someone from being tried a second time for a crime in which they were for a crime in which they were acquitted.acquitted.

What isn’t a violation of double jeopardyWhat isn’t a violation of double jeopardy MistrialMistrial Hung juryHung jury Multiple offensesMultiple offenses

SentencingSentencing When?When? Pre Sentence investigationPre Sentence investigation Pre-sentence reportPre-sentence report What happens during sentencing?What happens during sentencing?

Types of Criminal Types of Criminal SentencesSentences

Suspended SentenceSuspended Sentence The sentence is given, but does not The sentence is given, but does not

have to be served at the time it is have to be served at the time it is imposed.imposed.

Defendant may not serve any time in Defendant may not serve any time in jail as long as he follows rules jail as long as he follows rules

ProbationProbation The defendant is released under the The defendant is released under the

supervision of a probation officersupervision of a probation officer They must follow certain conditions They must follow certain conditions

such as getting a job, staying drug such as getting a job, staying drug free, and staying current locationfree, and staying current location

House ArrestHouse Arrest The defendant to sentenced to serve The defendant to sentenced to serve

their time in their hometheir time in their home FineFine

Defendant must pay money to the Defendant must pay money to the governmentgovernment

RestitutionRestitution The defendant is required to pay the The defendant is required to pay the

victim for the loss or injury caused to victim for the loss or injury caused to the victim by the crimethe victim by the crime

Work ReleaseWork Release The defendant is required to work in the The defendant is required to work in the

community but must return to jail when community but must return to jail when not workingnot working

ImprisonmentImprisonment The defendant serves their sentence in The defendant serves their sentence in

jail or prisonjail or prison DeathDeath

Purpose of PunishmentsPurpose of Punishments

DeterrenceDeterrence

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

RehabilitationRehabilitation

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

IncapacitationIncapacitation

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

RetributionRetribution

The government giving a just The government giving a just punishment for the crimepunishment for the crime

““an eye for and eye”an eye for and eye”

Link to graphic

ParoleParole

Eighth AmendmentEighth Amendment

Eighth Amendment:Eighth Amendment: Excessive BailExcessive Bail shall not shall not be required, nor be required, nor excessive finesexcessive fines imposed, imposed, nor nor cruel and unusual punishmentcruel and unusual punishment inflicted. inflicted.

What is bail and when is it What is bail and when is it excessive?excessive?

Bail is money an arrested person Bail is money an arrested person pays for the right to leave jail. pays for the right to leave jail.

The purpose of bail is to get the The purpose of bail is to get the defendant to return to trial.defendant to return to trial.

How has cruel and unusual How has cruel and unusual punishment been defined by punishment been defined by

the courts?the courts? If punishment “Shocks the If punishment “Shocks the

Conscience of the civilized world”Conscience of the civilized world”

The Death Penalty and the 8th The Death Penalty and the 8th AmendmentAmendment

How do we determine if a How do we determine if a method of execution is cruel method of execution is cruel

and unusual?and unusual? If it does more than “merely If it does more than “merely extinguish the life” extinguish the life”

If it causes pain and then suffering.If it causes pain and then suffering.

Major Supreme Court decisions Major Supreme Court decisions on the Death Penaltyon the Death Penalty

Furman v Georgia (1972)Furman v Georgia (1972) Put into modern eraPut into modern era

Coker v. GeorgiaCoker v. Georgia (1976) (1976) Only for murder (not rape)Only for murder (not rape)

Ford v. WainwrightFord v. Wainwright (1986) (1986) Can’t execute mentally insaneCan’t execute mentally insane

Atkins v. VirginiaAtkins v. Virginia (2002) (2002) Can’t execute mentally retardedCan’t execute mentally retarded

Roper v. SimmonsRoper v. Simmons (2005) (2005) Can’t execute a person if they were a juvenile Can’t execute a person if they were a juvenile

when they committed the crimewhen they committed the crime

Aggravating vs. mitigating Aggravating vs. mitigating circumstances circumstances