Exam 3 Crim 100
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This 13 page Study Guide was uploaded by Miranda Byrne on Sunday April 10, 2016. The Study Guide belongs to Crim 100 at Pennsylvania State University taught by Lecinda Yevchak in Winter 2016. Since its upload, it has received 41 views. For similar materials see Criminology in Behavioral Sciences at Pennsylvania State University.
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Date Created: 04/10/16
Constitutional Criminal Procedure Rules and procedures that govern the pretrial processing of criminal suspects and the conduct of criminal trials The main source of the procedural law is the body of the Constitution known as the Bill of Rights (the first 10 Amendments) Eighth Amendment o Protect liberties including no excessive bail required nor excessive fines imposed no cruel and unusual punishment inflicted Fourteenth Amendment o Due process and Equal Protection clauses US Supreme court creates constitutional law o States must follow the constitution particularly rights designated by the Bill of Rights Fourth Amendment o right to search and seizure o rights for police officers and criminal prosecution o Exclusionary Rule (early 1900s) Weeks v. United States (1914); Mapp v. Ohio (1961) Weeks used the mail for illegal gambling and the police went into his home without his permission without a warrant Weeks won Mapp Dollree Mapp was helping a terrorist suspect; police obtain a warrant and search her house and do not find anything but find pornographic material (illegal at the time) and she is arrested turns out the warrant was fake conviction was vacated both of these cases deal with finding the line between the right to privacy and the fourth amendment the home is a protected private place, but doesn’t mean that police can’t enter if appropriate need a warrant legal authority to enter into a private location given by a judge police officer need probable cause in order to get warrant from judge probable cause= some evidence, suspicion about someone committing a crime or about to commit a crime some cases when police do not need a warrant Exclusionary Rule evidence thrown out because it was obtained illegally by police o “Fruit of the Poisonous Tree”= evidence obtained illegally the second evidence found that was led to the police by the first evidence found illegally they never would have found it without illegally getting the first thats stupid and confusing o When is it acceptable for a police to enter without a warrant?? “the plainview doctrine” if police are at the door and they can see evidence from where they are they can come in and make an arrest “the openfields rule” they can see something illegal going on on someone’s land, a no trespassing sign around a fence doesn’t stop law enforcement from seeing it Exigent Circumstances“stop and frisk policy” planning/ in commission of a crime= police can obtain and search Arrest when police arrest you they can search you or your bag if they have that suspicion Consent if police knock on your door and you allow them to search Jail/Prison do not have a right to privacy in your cell Automobiles often police are allowed to search cars without a warrant o 5th Amendment Miranda Rights 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 an attorney if you cannot afford an attorney, on will be appointed for you 5 distinct liberties Right to a grand jury trial before indictment of a federal crime Right to be free of multiple persecution for a single criminal offense (DOUBLE JEOPARDY) Jury finds you innocent, that prosecutor cannot try you again Right to remain silent when being prosecuted Right to liberties provided by Due Process of law The right to receive just compensation when the government takes private property for public use o 6th Amendment Right to seven liberties Speedy trial Public trial Impartial jury Must be informed of the charges or accusations held against you To be able to confront witnesses against them To be able to have witnesses on their favor To have assistance of counsel THE COURTS Courts and Their Importance What is a court? o Agency or unit that has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it. o Three elements: Proper legal authority (authority given by the Constitution) congress= “legislative courts” State legislators ***only courts in the constitution= the supreme court Found in the judicial branch of government Empowered to make decisions that are binding Role of the courts in criminal justice today o Adjudication: determines who is and is not guilty Ensure lower courts applied the law correctly o Oversight: oversees operations of criminal justice officials (e.g. police officers) Structure o American Criminal Justice System o Dual Court system comprised of: State courts Federal courts Organization of the courts o Subjectmatter jurisdiction Felonies, misdemeanors, or infractions Offense types (fraud, sex offenders, drugs/alcohol) Offenders (first time offender, juveniles <18, mentally disabled, veterans) *The nature of the case can determine which court will have jurisdiction o Geographic jurisdiction The political boundaries of cities, counties, and states Where the crime occurs matters o Federal courts hear the following types of cases (aka Federal Jurisdiction) Suits involving the gov Suits involving two or more states Suit involving public ministers Suits involving laws passed by congress, treaties, and maritime laws o Jurisdiction Hierarchal jurisdiction Trial courts hear the facts of the case Appellate courts review the work of the trial court judge Original jurisdiction Lawful authority of a court to hear cases that arise within specified geographical area or that involve particular kinds of law violations Appellate Jurisdiction Lawful authority of a court to review a decision made by a lower court Tiers of Courts Supreme court the court of last resort US Circuit courts of appeals Intermediate level appeals Structure of Federal Courts US Magistrate Courts o The lowest level of the federal court system, magistrate courts operate as courts of limited jurisdiction US District Courts (Trial courts*******) o Try felony cases involving federal laws and civil cases in which the amount of money in controversy exceeds $75,000 California and Texas have the most districts Pennsylvania is the 3rd circuit (NJ too) US Court of Appeals Review federal and state appellate court cases when there is a federal issue present Does not retry the case or review the facts only matters of procedure and substance of the law The US Supreme Court The nation’s highest appellate body Court of last resort for all cases tried in federal and state courts 9 supreme court justices BONUS ON TEST= name all justices o Justice Clarence Thomas o Chief Justice John G. Roberts**** o Justice Anthony M. Kennedy o Justice Ruth Bader Ginsburg o Justice Sonia Sotomayor o Justice Stephen G. Breyer o Justice Samuel A. Alito, Jr. o Justice Elena Kagan o Antonin Scalia just died o A lot of them were prosecuting attorneys before supreme court justices 4 judges have to agree to see a case for it to make it to the supreme court When the supreme court decides to hear a case they grant a Writ of Certiorari o An order of a superior court requesting that the record of an inferior court be brought forward for review or inspection Judges are APPOINTED!!! State Courts There are 50 separate state court systems plus one for D.C State organization does not always parallel the relatively simple organizational structure of the federal judiciary Types of state courts most have 4 levels o 1 Courts of limited jurisdiction Roughly constitute 90% of all courts “Subject matter” consists of minor offenses (traffic courts) Sanctions are usually very minor Try civil cases for very small amounts of money Records of court proceeding are not kept Make difficult to appeal the court’s decision If appealed, go before the general jurisdiction courts of a new trial, o 2 Specialized courts o 3 Courts of general jurisdiction (not all state have this) o 4 Appellate courts Intermediate level of appeals Courts of last resort State Court Structure Justice of the Peace Courts o Five states (AZ,DE,LA, MT, TX) o Local level courts that handle minor level disputes o Texas justice of peace (JOP) courts have original jurisdiction over “Class C misdemeanors” o Justices of the peace sometimes issue search and arrest warrants, perform wedding ceremonies, and can serve as coroners in less populous counties Magistrate Courts o Handle a number of minor offenses and preliminary court proceedings, including some pretrial intervention programs and bail o Gatekeeper function: diverts some minor cases to alternative treatment programs o Similar to JOP courts; no jury trials Chief magistrate assigns cases and sets court dates Municipal/City/County/Metropolitan Courts General Jurisdiction Courts o Often serve as a major trial courts o Some specialize in certain types of cases o Common Pleas (NY= Supreme) o Criminal cases Best known for conducting high profile felony cases before full juries o Civil cases Usually involve dollar amounts over a specified threshold State Supreme Courts o Have the last word over matters arising from the lower courts o Often petitioned with more cases than they can review during a term o Each state has its own rules for selecting cases o Some types of cases go directly to state supreme courts (ex: death penalty only 33 state still have it) o Some states will have additional courts of “last resort” Federal system has 3 tiers States mostly have 4 tiers Intermediate Appellate Courts PA: Superior and commonwealth courts Commonwealth ct original jurisdiction for civil actions against state Superior court: no original jurisdiction and takes appeals from final orders of courts of common pleas Appellate Courts Most convictions are affirmed on appeal Verdict will be reversed, case may be remanded back for a new trial Defendants may attempt an appeal to the US supreme court Appeal must be based on o Claimed violations of the defendant's rights as guaranteed under federal law or the US constitution Access to federal courts has been limited o Herrena v. Collins 1993 o New evidence of innocence is no reason for a federal court to order a new state trial if there is no grounds for a constitutional argument PROCEDURES Initial Appearance (pretrial procedure) The law requires that a person be taken before a neutral judicial officer Also known as the Gerstein hearing Protects individual rights by reviewing the law enforcement officer’s decision of probable cause for an arrest (4th amendment) Should occur within 48 hours of arrest Procedure o Defendant is informed of charges and possible penalties o Defendant is provided with a copy of any charging documents o Defendant is informed of their right to retain counsel (or have an attorney appointed) o Bail may be preliminary granted or denied (a separate bail hearing usually occurs later) More than 75% of misdemeanor cases defendant pleads guilty ****Check on police by judge to make sure the police had enough probable cause to arrest/detain a suspect Charging When the defendant is formally charged 3 primary ways: o Complaint is filed Police or private citizen accusing person of committing a crime Commonly used for misdemeanor charges o Indictment Grand jury (group of citizens, usually ranges from 1623 people) Closed door, secretive proceedings, public can’t watch Not open court Primary for felonies **True bill of indictment= allows court to proceed and recognizes that criminal activity has occurred o Information Prosecution Presented at the preliminary hearing Primarily for felonies Preliminary Hearing Used as checks on prosecutorial authority in jurisdictions that do not utilize grand juries Held in open court (before a judge, usually a magistrate) Judge determines if there is probable cause o If there is probably csue then the judge “binds over” the defendant for tria o If not enough evidence: Reduction of charges ti misdemeanor May dismiss the charges completely Bail Defined: o Security provided to the court that the defendant will appear at every stage in the CJ system o Bail serves 2 purposes: Helps ensure reappearance of the accused in court Prevents unconvicted persons from suffering imprisonment unnecessarily You would be sitting in jail from 16 months Issues to be considered for bail eligibility: Crime type and circumstances Capital crime suspects don’t get bail o ⅔ of all felony defendants were released on bail o ½ of all violent criminals were released on bail o 8% of suspected murderers o 42% robbery suspects o 44% motor vehicle theft o 49% burglary o 55% rape suspects o *Those on parole are more likely to be detained o Issues to be considered for bail eligibility Crime type and circumstances Flight risk Dangerousness of defendant (prior history) Person’s financial ability to pay cash bill o Bail release mechanisms Police field citation release Direct release programs police/court bail schedule 6 types of bail o Full cash allowed bail with a set cash amount; to obtain your freedom you have to pay in full in the beginning o Deposit cash pay 10% of bail price up front o Surety bail use property as bail; post home to pay for bail o Conditional bail o Unsecured bail o Release on recognizance (ROR) no money or conditions, they will just take your word that you will come back Arraignment A formal proceeding in which the charging document is read to the defendant in open court Defendant is asked to enter a formal plea on each charge (usually 2 options) o Guilty (perhaps already a plea bargain) o Not guilty (case will be scheduled for trial) o Nolo contendere (no contest) judge puts you down as not guilty Can admit there is sufficient evidence for conviction Not required to actually admit guilt Some jurisdictions this means that the plea cannot be used against the defendant in a civil trial Some jurisdictions: mentally ill defendants can enter a plea of guilty by reason of insanity (less than 1% of all felony cases and 77% of those are unsuccessful) Alford Plea accept guilt but say you are innocent o Why would innocent person take this deal? Bc you think the jury might convict you anyway o Plea bargaining is guaranteed Discovery Process by which the parties exchange relevant info about the case No constitutional right: statutes, judicial decisions, and court rules have established obligations to disclose certain info as part of the defendant’s due process rights to a fair trial o List of witnesses o Relevant evidence o Prosecution must disclose all exculpatory evidence (Brady v. Maryland 1963): any evidence that may be favorable to the defendant Duke Lacrosse case prosecutor found evidence 3 lacrosse players didn’t actually commit the crime and didn’t report it Brady was accused of homicide, but really someone already confessed and said Brady did not but the prosecution did not tell defense and trial went on, Brady appeals and gets a lesser sentencing Plea Bargaining Exchange of prosecutorial and judicial concessions for guilty plea o Initial charges may be reduced (charge bargaining) o Prosecutor may promise to recommend lenient sentence (sentence bargaining) o Prosecutor may alter charge (count bargaining) 2 counts of something, count bargaining= cut out one count if you admit guilt to one of the counts Plea bargaining occurs frequently in justice system true o 96% of cases for federal system o 95% of criminal convictions are a result of negotiated guilty pleas in state system EXAM= Chapter 811 The Courtroom Workgroup Judges Prosecution Defense Counsel Sheriffs Clerks Stenographers Witnesses The Judge and the Justice System Primary duty=oversee the trial process (referee) Decided case in bench trials Determines the sentence (except in capital cases) Selection of judges o Election (state) Partisan Nonpartisan Problems Bias very political “Tough on crime” Low voter turnout o Appointed (federal by president) Biased Qualified? o Merit Selection Prosecutorial Discretion Sometimes referred to as the “gatekeepers” of the CJS (most powerful players) Decision options o Go forward and charge the defendant to court o Nolle prosequi o Negotiate plea bargain Affects decisions o Resources Funding Political influence Election o Legal Evidence Lack “Problem” whether police’s actions were right or wrong Offense severity Conviction? o Extralegal Age Offender Race Gender Ses Prior record ***Sexual assault/rape= very difficult to get case to trial/prosecute o Bc it's he said/she said The Defense Attorney Counterpart of the prosecuting attorney in criminal process Accused has constitutional right to counsel (6th amendment) only in criminal cases o Gideon v. Wainwright (1963) Felony charges Made states provide you an attorney in felony offenses Private vs. Public attorney Private = min of $25,000 80% can’t afford that Appointed (state attorney) or contract (individual firm helps out) o Argersinger v. Hamlin (1972) Misdemeanors Extend right for an attorney to misdemeanors Must observe ABA Code and provide zealous defense within boundaries of law Roles of defense attorney o Walsh and Hemmens (2008) o Ensure defendants rights are not violated (intentionally or by error) o Make sure the defendants know all of their options before they make a decisions o Provide the defendant with the best possible defense (without ethical/ legal violations) o To argue for the lowest possible sentence or best possible plea bargain Sentencing The goals of modern sentencing o Deterrence o Incapacitation o retribution/just dessert o Rehabilitation o equity/restitution Presentencing investigation report o A report designed to help the judge decide on the appropriate sentence within the limits established by law o Prepared by the probation or parole officer Information in a presentence report o A typical Presentence Report includes the following infor: Personal info about the offender and his or her background A description of the offense and its circumstances A description of the offender’s criminal record RAP sheet= records of arrest prosecution Family info and current family status Education history Employment and military history Health history and status (including drug history) Financial status Mental health status Sentencing recommendation made by the probation officer High Risk Factors in a PSI o Antisocial personality patterns o Pro Criminal attitudes o Social support for crime o Substance abuse o Family and marital problems Traditional sentencing option o Fines o Probation o Imprisonment o Death Sentencing Models o States penalize their convicted offenders in different ways o Indeterminate model o Determinate model
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