Legal Systems Forensic Science Objectives 1.Define all vocabulary words. (DOK 1) 2.List the rights protected by the bill of rights. (DOK 1) 3.Interpret and explain the rights protected by the 4 th amendment. (DOK 2) 4.Explain the requirements to obtain a search warrant, and explain the circumstances where one is not required. (DOK 2) 5.Interpret and explain the rights protected by the 5 th amendment. (DOK 2) 6.Explain what is meant by pleading the 5 th , and the rights protected by this plea. (DOK 2) 7.Recall the basic Miranda warning. (DOK 1) 8.Interpret and explain the rights protected by the 6 th amendment. (DOK 2) 9.Interpret and explain the rights protected by the 7 th amendment. (DOK 2) 10.Define and apply the concept of probative value to discuss evidence. (DOK 2, 3) 11.Compare and contrast the various types and the value of direct and indirect evidence. (DOK 4) 2 Laws that Pertain to the U.S. Criminal Justice System The U.S. Constitution Statutory Law Common Law or Case Law Kendall/Hunt Publishing Company 3 Our Rights and Their Effect on Forensic Evidence Bill of Rights Understanding the rights of United States citizens under the law (Bill of Rights) is vital when collecting, analyzing, and presenting evidence in the legal system 4 The Bill of Rights Gives individuals the right: To be presumed innocent until proven guilty Not to be searched unreasonably Not to be arrested without probable cause Against unreasonable seizure of personal property Kendall/Hunt Publishing Company 5 The Bill of Rights Gives individuals the right: Against self-incrimination To fair questioning by police To protection from physical harm throughout the justice process To an attorney To trial by jury To know any charges against oneself Kendall/Hunt Publishing Company 6 The Bill of Rights Gives individuals the right: To cross-examine prosecution witnesses To speak and present witnesses Not to be tried again from the same crime Against cruel and unusual punishment Kendall/Hunt Publishing Company 7 The Bill of Rights Gives individuals the right: To due process To a speedy trial Against excessive bail Against excessive fines Kendall/Hunt Publishing Company 8 The Bill of Rights Gives individuals the right: To be treated the same as others, regardless of race, gender, religious preference, country of origin, and other personal attributes Kendall/Hunt Publishing Company 9 The Fourth Amendment Right of Search and Seizure Regulated Right of Search and Seizure Regulated The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 10 4 th The Fourth Amendment (continued) Unlawful Search and Seizure Unlawful Search and Seizure will be kept out of the criminal case When the court says an individuals rights were violated, any evidence derived from the search and seizure will be kept out of the criminal case, if the case is against the person whose rights were violated evidence is collected lawfully It is very important that evidence is collected lawfully, without an invasion of privacy or with a search warrant, so it will not be ruled inadmissible in court 11 The Fourth Amendment (continued) Searching Searching Was There an Invasion of Privacy? The court will ask two things (if either of these answers is no, then any evidence collected can be admissible in court) Did the owner of the home or property that was investigated or searched expect a degree of privacy? Was this expectation of privacy reasonable and legitimate? 12 The Fourth Amendment (continued) Search Warrant Search Warrant a judicial order that authorizes the law enforcement agencies to conduct a search of a location/person and to seize any evidence of a criminal offense. To issue a search warrant police have to show the judge that Probable cause Probable cause exists that a crime has occurred Evidence or contraband linked to the crime will probably be found on a certain location on the property or person at issue 13 The Fourth Amendment (continued) Not Search Warrant Not Needed Consent Consent is given for the search (no warrant is needed, even in the future, once consent is given) Emergency Emergency someone is in danger, or there might be destruction of evidence After an arrest After an arrest an officer can search the person and immediate surroundings Plain view Plain view if the police are there legally and evidence is in plain view Reasonable suspicion Reasonable suspicion if police believe they will find a weapon or drugs on a person or in a car, they can legally search 14 Regulations for the Prosecution Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on an indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. 15 5 th Regulations for the Prosecution Fifth Amendment (continued) Difficult/Publicized/Capitol Cases Difficult/Publicized/Capitol Cases grand jury In many states, a grand jury (16 24 citizens) meets to decide if there is enough evidence before a citizen can even be indicted for a crime The grand jury is an arm of the prosecutor office, the defense does not even present at a grand jury Plea Bargaining Plea Bargaining up to 90% of all cases are plea bargained and never go to trial (Deslich, 2006) 16 Regulations for the Prosecution Fifth Amendment (continued) Double Jeopardy Double Jeopardy A person cannot be put on trial again for the same crime It is imperative that every bit of evidence be found in the case before it is brought to trial Due Process Due Process everyone is treated the same, gets trial by jury 17 Regulations for the Prosecution Fifth Amendment (continued) Pleading the 5 th Pleading the 5 th You do not have to be at witness against yourself You do not have to be at witness against yourself The prosecution has to prove your guilt The prosecution has to prove your guilt You have the right to remain silent You have the right to remain silent 18 Miranda v Arizona In 1963, Ernesto Miranda, a 23 year old mentally disturbed man, was accused of kidnapping and raping an 18-year-old woman in Phoenix, Arizona. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. The case went to the Supreme Court in The Court ruled that the statements made to the police could not be used as evidence, since Mr. Miranda had not been advised of his rights. Kendall/Hunt Publishing Company 19 Miranda Rights The following is a minimal Miranda warning: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at the governments expense. Kendall/Hunt Publishing Company 20 Trial Policies Sixth Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. 21 6 th Trial Policies Sixth Amendment (continued) Speedy Trial Speedy Trial Depends on state statute, but generally 90 120 days The following slow the process: The defendant is out on bail Motions Illness Lack of attorney(s) The defendant can ask for a speedier trial; for law enforcement this is mixed news Speedy trial rules make it imperative to find all of the evidence as soon as possible Delays might be beneficial to law enforcement because they lengthen the evidence collection and analysis time period 22 Trial Policies Sixth Amendment (continued) Witnesses Witnesses any witness for the defense or the prosecution can be subpoenaed to appear in court Informed of Charge Informed of Charge Once arrested, a defendant has 72 hours to be arraigned, told what he is charged with, and offer his plea The more evidence collected before the arrest, the more specific the arraignment will be. (It also informs bail amount.) 23 Trial Policies Sixth Amendment (continued) Defense Council Defense Council A defendant has the right to an attorney If they cant afford one, the court must provide one A defense attorney must know every bit of the prosecutors evidence in the case to prepare The defense attorneys job is to get the defendant freedany and all evidence and evidence procedures can be questioned; this includes collection, handling, delivery, analysis, testimony, and documentation 24 Trial Policies Seventh Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. 25 7 th Trial Policies Seventh Amendment (continued) Civil vs. criminal matters Civil vs. criminal matters Impartial Trial by Jury Impartial Trial by Jury Jury of the individuals peers is the standard United States Court United States Court all courts used for trials should be controlled by the United States government; furthermore, all verdicts handed down by these courts are final (unless appealed to a higher court) 26 Types of Crimes -- Violations Infraction Misdemeanor Felony Kendall/Hunt Publishing Company 27