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courts week 8 notes

by: Khaila Coissiere

courts week 8 notes Crju 3700

Khaila Coissiere
GPA 3.74

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chapter 11
American criminal court
Prof Johnson
Class Notes
25 ?




Popular in American criminal court

Popular in Criminal Justice

This 3 page Class Notes was uploaded by Khaila Coissiere on Tuesday March 1, 2016. The Class Notes belongs to Crju 3700 at Georgia State University taught by Prof Johnson in Winter 2016. Since its upload, it has received 16 views. For similar materials see American criminal court in Criminal Justice at Georgia State University.

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Date Created: 03/01/16
Chapter 11 – Disclosing and Suppressing Evidence th Tuesday, February 29 and Thursday, March 3th Discovery  Informal and formal exchange of information between parties o Civil and criminal cases  Purpose? To ensure that the adversary system doesn’t give one side an unfair advantage over the other  No constitutional right to discovery  Discovery rules vary state to state o Exculpatory evidence (Brady rule)  Any evidence that may be favorable to the defendant at trial either by tending to cast doubt on defendant's guilt or by tending to mitigate the defendant's culpability, thereby potentially reducing the defendant's sentence  Brady rule applies only to exculpatory evidence that is material o Impeachment evidence (Jencks and Giglio)  Any evidence that would cast doubt on the credibility of a witness  Jencks - government must disclose any prior inconsistent statements of prosecutorial witnesses so that the defense can conduct a meaningful cross-examination of such witnesses; requires prosecutors to disclose after direct examination of a government witness and on defendant's motion any statement of a witness in the government's possession that relates to the subject matter of the witness's testimony  Giglio - all impeachment evidence must be disclosed to the defense such as criminal history, leniency or immunity promises  Reciprocal discovery? Rules Requiring Disclosure  Brady rule: prosecutor must disclose admissible evidence that is material to the defendant's guilt or innocence or punishment  Motions to compel  Reciprocal discovery? Automatic discovery for certain types of evidence without necessity for motions and court orders like alibi defenses Confessions  Read the 5th amendment  Must be "free and voluntary" (Why?)  Physical coercion (beating or torture) and psychological coercion (long hours of being interrogated)  Miranda v. Arizona (1996)  Miranda warnings - custodial interrogations o 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 can’t afford one, one will be appointed to do you understand your rights as I have just read them to you o Only needs to be mirandized if being arrested and getting interrogated  Miranda exceptions o Voluntary talking to police Chapter 11 – Disclosing and Suppressing Evidence th Tuesday, February 29 and Thursday, March 3th o Nontestimonial evidence - breath or blood samples, handwriting exemplars, lineup, or fingerprints Searches and Seizures  Read the 4th amendment Prohibits the use of evidence secured through an illegal search and seizure   Applies to government officials, not searches done by private citizens  What is an unreasonable search and seizure? Occurs when law enforcement infringes upon a reasonable expectation of privacy by conducting a search or seizure without complying with second clause of 14th amendment called warrant clause --> Searches and seizures unsupported by probable cause Exclusionary rule  The rule prohibits prosecutors from using illegally obtained evidence at trial  Purpose? o Courts should not participate in illegal conduct o Deters law enforcement misconduct o Other remedies (civil) are unworkable Relevant Case Law  Weeks v. US (1914) o Silver platter doctrine o Exclusionary rule established in federal prosecutions  Mapp v. Ohio (1961) o States - 14th amendment o Exclusionary rule expanded to states also  Katz v. US (1967) o Standing + reasonable expectation of privacy o Protected by 14th amendment Fruit of the poisonous tree  Derivative evidence obtained from knowledge gained illegally is also inadmissible at trial o Poison - resulting from a constitutional violation o Fruit - derived from knowledge gained from the first illegal search  The search must be constitutional at its inception to admit anything else that results  If the tree is poisonous, the fruits are too Exception to the Rule  Good faith - if a police officer acts in good faith reliance on a warrant that he or she reasonably believes to be valid but later is determined to be invalid the officer's good faith should allow the evidence to be admissible -- no police misconduct to be deterred when an officer does not know that he or she is doing anything wrong  Independent source - source had nothing to do with underlying constitutional violation Chapter 11 – Disclosing and Suppressing Evidence th Tuesday, February 29 and Thursday, March 3th  Attenuation - evidence obtained in a manner that is so far removed from a constitutional violation such that the initial illegality is sufficiently weakened  Intervening act of free by defendant  Long time period between illegality  Inevitable discovery - allows illegally obtained evidence to be admitted if it would have inevitable been discovered by lawful means Search Warrants  Read the 4th amendment  Warrant application and affidavit must assert probable cause  Must be supported by oath or affirmation  Must describe with particularity the place to be search and people/things to be seized  Warrant must be approved a neutral judicial officer Warrantless Searches  These are constitutional o Consent o Exigent circumstances o Search incident to arrest o Plain view o Open fields doctrine o Terry stop and frisk  Electronic surveillance o Omnibus crime control and safe streets act of 1968  Eavesdropping and consent surveillance  Electronically stored information o Stored communications act  Video surveillance  Intelligence surveillance o Foreign intelligence surveillance act  Executing the search warrant o Serve the warrant, conduct the search, and seize the evidence o Must be timely (reasonable time of day) o Must achieve the objective o Must use reasonable fore o Knock and announce  No knock exceptions Enforcing the Rule  Pretrial motions to suppress o Assumption of good behavior if no motion is filed o Defense atty is the prime mover and this bears the burden of proving the motion o Police v. defendant's testimony is heard o Trial judge is the decision maker (Admit or suppress) o Rarely filed


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