Evidence, Search, and Seizure- Week 2
Evidence, Search, and Seizure- Week 2 CJ 433
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This 3 page Class Notes was uploaded by Chelsey Smith on Friday September 2, 2016. The Class Notes belongs to CJ 433 at University of Southern Mississippi taught by Robert Whitacre in Fall 2016. Since its upload, it has received 13 views. For similar materials see Evidence Search & Seizure in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/02/16
CJ 443 Evidence, Search, and Seizure August 31, 2016 Chapter 3 Underlying Concepts of Evidence Evidence tends to prove or disprove the belief of a situation is factual meaning establishing truth or untruths Needs to be: relevant, reliable, competent Relevant direct or circumstantial Reliable possesses some degree that can be duplicated Competent any evidence relevant and reliable evidence that is not otherwise excludable Prima Facie sufficient to establish a fact Burden of Production on going forward with a trial the prosecution normally has burden of production Direct of Verdict (rare) takes the case away from jury and the decision is up to the judge Burden of Proof obligation to prove one’s assertion Preponderance of the evidence more than a 50% likelihood that this crime occurred Clear and Convincing it is quite likely that this crime occurred (more rigorous standard to meet than preponderance of evidence) Beyond Reasonable Doubt no other logical explanation can be derived from the facts Doubt cannot be defined in Mississippi Exclusionary Rule remedy for 4 amendment violations and is a good deterrent to law enforcement to uphold the constitution Development 1914 Weeks v US only federal court must exclude evidence obtained in a violation of rights Silver Platter Doctrine Elkins v US evidence seized by state police in th violation of rights broader interpretation of 4 amendment Mapp v Ohio all evidence obtained by searches and seizures illegally in violation of rights is inadmissible Mapp’s home contained illegal gambling operation which means that the exclusionary rule now applies to the states Fruit of the Poisonous Tree Doctrine evidence gathered as an indirect result of search and seizure illegally this applies to the state actors Nothing gets excluded unless someone speaks up Exceptions to the Exclusionary Rule: Good Faith Exception Evans v Arizona man stopped in traffic stop has (supposed) warrant on him so police searched his vehicle and found marijuana. The warrant was due to a clerical error and the evidence found was upheld Inevitable Discover Nix v Williams disappearance of young girl “Christian burial” offender confessed to officer before his rights were read would have found the girl’s body anyway and thus showing his guilt Affirmative Defenses Alibies “I wasn’t there” defense based on defense’s geographic location Justification Defenses Self Defense use of force to repel or prevent serious injury “true man doctrine” right to defend your home “retreat doctrine”avoid conflict as much as possible “castle doctrine”your home is your castle, protect it accordingly Defense of Others ex A attacks B unprovoked, C can come in and physically stop A Consent (like in boxing) aware of threat to bodily harm before incident ex statutory rape cases where the older individual believed the younger person was of age Execution of Public Duties “police officers” public servant justified to kill someone who is threat to officer and public “there’s a fine line between cops and criminals a badge” Excuse Defenses admits they committed the act but was not responsible Duress ex. A forces B to rob store, A holds gun to B’s head Intoxication effect of drugs or alcohol used to mitigate punishment (in MS voluntary intoxication is never a defense) only involuntary is excusable Mistake of Law/ Fact excuses criminal liability when it negates a crime Infancy people below a certain age lack the mental capacity to mens rea (criminal mind) Insanity mental defect lack of requisite mens rea (1843) M’Naghten Test inability to distinguish right from wrong Necessity permits criminal manner within situation of emergency prevent harm of safety