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Laws of Arrest, Search, & Seiz

by: Ms. Piper Spencer

Laws of Arrest, Search, & Seiz CJ 3423

Ms. Piper Spencer
GPA 3.65

Donald Mizell

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About this Document

Donald Mizell
Class Notes
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This 14 page Class Notes was uploaded by Ms. Piper Spencer on Thursday October 22, 2015. The Class Notes belongs to CJ 3423 at University of Central Oklahoma taught by Donald Mizell in Fall. Since its upload, it has received 56 views. For similar materials see /class/227709/cj-3423-university-of-central-oklahoma in Criminal Justice at University of Central Oklahoma.


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Date Created: 10/22/15
Chapter 2 Criminal Courts Organization Function Jurisdiction and the Criminal Process 1 An Introduction to the Criminal Justice System I All societies deal With and adjudicate deviant behavior I Americanjustice I Dual system of state and federal courts I One act may be federal and a state crime I Ultimately police and courts follow minimum standards of federal Constitution I Flow chart of Figure 21 demonstrates typical possibilities of criminal procedure I Reported discovered or observed crime I Initiates government response I May require extensive investigation I Case may exit system early Emmy mumn Pmuauna um um mmmm m m w um um D199 mm m Mr M mm mm Wmm quot1 Wm imam My mme rmuhrra mm m erwnnIerwAm i mnamnuwml m mm I m mi mmmWysmmm mmquot mum at Mantizmu mummmmtm nmmm l nmmmvlh amm mm m Mmmmspmm mmwwammmmum gmmmwmmgmmwm I Arrest I Information I Probable Cause I Bad Cmy I Someone Committed that act I BadAet I Something Criminal Happened I Indictment I Probable Cause you ve got a bad guy and a bad act I Complaint Someone calls and you go arrest I Summons I When and where to show up I Juvenile Referral I Juvenile certi ed to adult court I Prosecutor direct files in adult court I Adjudicated in juvenile court I Indictment I Held for trial bail possible I GrandJury is 16 23 people I Formal charging document I Paperwork entry point for person to stand trial I Refusal to indict I Ends case subject exits system I No bill I Does not necessarily end that case I Double jeopardy does not apply I Information I Preliminary hearing I Don t want to give away whole case play whole hand I Just show the judge that there was probable cause I If prosecution puts on witness the defense can cross examine himher I Defense is going to try and discredit the prosecution andput doubt in thejudges mind Juror prosecution court reporter as in grand jury in addition to I Judge presiding I Defense I Defense council I Witness It is public What is said on witness stand becomes locked into the case because she was sworn in Probable cause found Held for trial No probable cause Released I Felony case Trial byjury or option to be tried byjudge I Duncan I 2 years and a day I Baldwin v New York I 6 months and a day I Degree of exposure of more than six months right to jury or trial by judge I Why Trial by judge I Heinous acts I Juvenile I Graphic crime scene photos I Children I Judge will be more desensitized to this stuff I Six months and below judge tries the case I Misdemeanor case Usually no jury trial some jurisdictions may allow jury trial I Resolution Verdict of guilty or not guilty I Not guilty Released I Guilty Has right to one appeal I Grand Jury I 16 23 people I Determine probable cause I Not guilt or innocence Prosecutors may hear 20 cases a day Witness stand podium and court reporter No back and forth witness tells whole story I Prosecutor may then ask a few questions to make sure every detail has been mentioned I No referee that governs where the conversation goes I Grand Jury is free to ask questions I Can go o subject I If you get 12 indictment is passed and that person is formally charged I 2 Organization of Courts State and Federal A Dual System Elen Levelsuf Cmmsystem sum Law US olsmdcpms 54 Statesupreme cuun1 State Courts pr Appeal Federal calms pr Appez Clrcult Cuu us nglstrzte calm Camry or lmlrla facts at m e are delerm case lrled was m ere a procedural errpr procedural rullng curred pr paperwork trzll lneprred by the I Every person in the court system has the right to one level of appeal I You appeal one level up I Limited to general I Retry entire case because no transcript need all evidence and witnesses I General to appeal I Procedural errors I Have to file paperwork to request appeal within a timely manner I Getting case to supreme court I They have choice to take or reject the case I 9 justices I 4 must accept so that it will be heard I Minority vote I What is likely to get case heard I Kilo v US I Similar situation in Texas and Oregon I Informant tip of grow house I Thermal scan of residence suspected of growing marijuana I Bad guy I Bad act I What we found with thermal scan equals probable causes Obtained search warrant FoundMary Jane Arrested those responsible If going to search need probable cause and warrant or emergency I No warrant to get thermal imaging I Texas Court oprpeals 5M circuit I Thermal scan does not constitute a search I Heat escaping is outside of the house I Sometimes heat is willingly pushed out by homeowners for comfort I Abandoned in a sense I Don t need probable cause or warrant I Oregon 9 11 Circuit I High technology equipment to identi v happenings inside the walls of a home I Activities withinfour walls and roof I No right tofind out what is oin I 5 11 Circuit and 9m Circuitfound different answers to same question I Guaranteed to be heard by supreme court because it is di ering orders for law enforcement I Ask federal question that has never been asked before I Illegal seizure in state I Constitutional federal right I Kicked over to federal side I Appeal to circuit court I Maybe to supreme court ultimately I Can be heard in statelocal and then federal without double Jeopardy applying I e g robber federally insured bank that is state licensed I tried with exact same evidence with same set of facts I also can be affected by tribal law as well if act was committed on tribal land I State courts have sovereign power to try Violations of state law I State court powers not granted by federal Constitution I Federal Constitution grants powers to federal courts I Some federal court powers regulated by Congress 30000000 cases 1 000000 cases El Federal I State Federal and State Court Cases Filed Annually 10 I Bankruptcy I ICivil E Criminal Federal Court Cases Filed Annually Number 0139 federal judgeships authorized over 1IJIJ Number Of state cuurt judgeships authorized almost 30000 State court organization I Three tiers Trial courts courts of appeal and a supreme court I Facts procedural constitutional Trial and intermediate courts of appeal I Adjudicate cases under their respective jurisdictions State supreme courts take cases generally by discretion State court jurisdiction Broad coverage over any type of dispute I Criminal and ciVil cases probate and domestic relations Limited jurisdiction state trial courts Juvenile drug and misdemeanor courts Trial courts hear witnesses and determine facts State appellate courts I Generally must hear cases brought to them State supreme courts I Have signi cant discretion to determine which cases they will hear and decide I Have last word on meaning of state law Federal courts Organized With three tiers Federal court system Trial courts courts of appeal and one Supreme Court of the United States Collectively federal trial courts jurisdiction over all federal crimes Court of appeal circuit jurisdiction I I 3 Pretrial Cnmmal Procedure The Inmal Steps towardProseEuhon I Prosecutron evaluates case I Consrders I suengm of case I Availabrh ofwrtnesses I Here 15 what we wtmem and and em 15 what he Imam I I Whauheyfaund I mlerwew agm be re Lmzl I Problems wnh admrssrbrlrty of evrdeuce I Illegallyxerzed I Conshtuhonalrssues I defense I af rrmmve defense I rhyme 11 bad1d you have Lhe guy but a waxn laba 116 I quLK Clllan I xetdeeme I Pnontres ofthe prosecutor s of ce I mg 611525 I Threxhatd I Managemmme afmxex I Man awe I Volume aeummtaeumy I 4 Imhahngacrlmmal Case Complamt and summons I Police book suspects injail based on probable cause determined by I Police or judicial warrant I Grand jury indictment I Often reviewed by ajudge I Was judgment call of probable cause correct I Misdemeanor cases I Based on citizen compliant I Domestic abuse I Observations of law enforcement officials I Formal complaint of citizen may I Indicate probable cause to arrest I May cause ajudge to issue warrant I Investigation by police may begin I Prosecutor determines whether case is felony misdemeanor or no case I 5 The Charging Instruments Indictment and Information I You can wave any right against you I Can talk to you I Can I take a look at your car I If a federal prosecution I Grand jury indictment required under Fifth Amendment I If potential punishment greater than one year I Ifa state prosecution I No Fifth Amendment right to indictment I Not all states require grand jury indictment I Oklahoma anal California iProsecutor has the option I Case 21 Leading Case Brief Hurtaalo v California 110 Us 516 1884 I Facts I Defendant convicted of state murder in absence of grand jury indictment He contended Fourteenth Amendment due process guaranteed right to indictment in a serious state prosecution I Issue I Does Fourteenth Amendment incorporate right to indictment in state case through due process clause I Held I No I Rationale I There are many ways of granting fundamental fairness in the criminal process Differences in concepts of liberty and justice do not dictate that United States or each state follow all English common law or the Magna Charta Due process of law was not meant to require the institution and procedure of a grand jury in every possible serious prosecution I The grand jury I Composed of citizens who hear evidence I May ask questions of witnesses I Meets in secret I Allows deliberation wo outside in uence I Potential target will I No judge or defense lawyer present I 6 Pretrial Hearings Probable Cause Arraignment and Preliminary Hearing I Arrest to initial appearance I Must happen within 48 hours I Inform of charges I Federal Magistrate Judge can inform of charges even if felony I Advise you of your rights I Preliminary Hearing 4 parts possible five Informed of charges Advised of rights Appointment of counsel BailBond consideration Maybe probable cause hearing I Arraignment I Informed of Charges I Plea I Only can be taken in courtroom level where the case can be heard I E g can t have felony arraignment at magistrate court level I Guilty not guilty no lo contender I No lo contender has same effect as guilty plea I I m not contesting the charges but I m not formally accepting the charges no contest I can t be used in a civil trialfor the victims I Arrest following indictment or pursuant to warrant I No mandatory review of probable cause by judge Arrest on decision of police officer or complaint I Judicial official must review probable cause Federal court arraignment Defendant given copy of charges in open court If represented by counsel May enter plea If Defendant stands mute Court enters not guilty plea State practice Similar to federal Preliminary hearing May deal with larger number of issues I Probable cause Show prima facie case I Inform defendant of nature of charges I Appoint counsel I Bail determination I Notice of affirmative defense possible I 7 Pretrial Motion Hearings Mandatory and Discretionary Pretrial Motions I Upon request Defense allowed some discovery ofprosecution s case I Witness list I Physical evidence I Some mandatory pretrial motions I Double jeopardy claim I I have been found guilty or prosecuted on these same operative facts and should not have to stand trial I Not in timely manner we assumed you waived that right and you can stand trial I Speedy trial allegation I If you go outside the parameters of what is allowed the case is dead and cannot be retried I Starting date of prosecution I Where we are at now I Not in timely manner we assumed you waived that right and you can stand trial I Defects in charging instrument I Information and indictment I Formal piece of paper saying that a crime has been committed by a specific bad guy I Not in timely manner we assumed you waived that right and you can stand trial I Severance of charges andor defendants I Two females in robbery want to separate selves for separate trials I Coercion I Change in trial venue I If the case has gotten a lot of notoriety in the press the defendant can request change in venue for a di erent jury pool I 8 Plea Negotiations I 85 90 of cases are pled out in pretrial negotiations I Who wins Everybody Wins except for the victims all charges were not prosecuted I Prosecutor I Justice will be served because time will be served even if give up a few charges I Defense I Ineed to give client my best legal advice I Notfight it all the way and do serious time Cut your loses now when you have the chance to minimize your sentence I Minimizes rislddamage I Judge I More cases than hours to try I 8 10 would be tried if there were no plea bargaining I The system would shut down I Prosecution Defense and Investigator are involved I Possible When each side determines I Compromise bene ts each side I Few or no outstanding issues eXist I Judge must be sure of free voluntary plea I A certain conviction and or sentence serves interests of both sides I Defendant may plead and reserve one or more issues for appeal I Can hold for appeal purposes this one question and plea out on the rest of the charges I Plea bargain a contract obligating both sides I Contract relationship I Each side is bound I Agree to lesser charge in exchange for I Each side has to carry out their side of the bargain before the trial takes place I Not effective until judge accepts I Nonbinding until the judge accepts I After acceptance prosecution must perform I Or allow defendant to withdraw plea I Contract was broken by prosecution I Can take guilty plea off the table I Start plea process over I 9 Jury and Nonjury Trials I Sixth Amendment Right to jury trial I If potential sentence longer than 6 months I Nonunanimous jury verdicts permitted in state cases I Federal prosecutions Unanimous 12person jury I State 6person jury Unanimous verdict I Anything else is a hungjury I Jury unable to come to a verdict I Double jeopardy is not in play I Can go back and reprosecute I Jury polled to see how close the vote was so they can see if they want to reconvene the case I Jury duties I Weigh evidence determine facts apply facts to law and reject excluded evidence I Trial byjudge I Listen to evidence weigh evidence rule on objections and reject consideration of excluded evidence I Burden of proof same for jury or judge trial I Standard of proof I Affirmative defense I Is the defenses job to prove I PPE BRD I Anything to the right ofthe 5050 I Recognizance of the evidence 7 PPE I More likely than not I 50 001 I In a criminal case the standard of proof for the prosecution is beyond a reasonable doubt BRD I OV 505P1 00 I Acceptable range ofdoubt ofabout 15 I Get to level where they are comfortable with the fact that guilt occurred I Burden of proof I Affirmative defense I This is defenses role I Reduced burden I Plaintiff I Who is seeking damages I In a criminal case the burden of proof falls to the prosecution I Prosecutions burden is to make that case I Defense tries to raise reason of doubt I Motion of acquittal I Something was left out I Element ofcrime is missingfrom testimony I Element of crime is not proven beyond a reasonable doubt I Judge can accept or reject 10 The Trial Process I Judge defense and prosecution have distinct duties and responsibilities I Judge must manage trialrule on objections I Prosecutor and defense I Prep witnesses ready the evidence offer opening and closing arguments serve witness lists on opposing party I Law enforcement duties deliver incustody defendants to trial Selection of Jurors I Defendant entitled to impartial jury I Selected from fair crosssection of population of jurisdiction I Parties cannot exclude jurors based on race or gender I Judge questions federal prospective jurors for qualifications bias or interest Case 22 Leading Case Brief Johnson v California 545 US 162 2005 Facts Jury convicted black man of murder of his girlfriend s infant after prosecutor removed all members of his race from jury Judge found raceneutral explanation for removal defendant failed to prove discrimination State supreme court agreed Issue When alleging racial discrimination must defendant prove more likely than not Held No Rationale Defendant satisfied the requirements of allegation of racial discrimination in jury selection by producing evidence sufficient to permit the trial judge to draw an inference that discrimination has occurred More likely than not standard for discrimination was not approved I 12 Opening Statements 00 4 ON 1 O I Opening statements not evidence I Prosecution Tells jury what the evidence expected to prove I Presents theory of case I Defense Mentions what defense will prove or disprove I May delay opening statement until start of defense case in chief Prosecution s Case in Chief Presents evidence rst Has burden of proof of all elements May include lay and expert witnesses Defense may crossexamine each prosecution witness Prosecution rests indicates end of prosecution case presentation Defense s Case in Chief Defense duties Demolish prosecutor s case or create reasonable doubt Defendant may testify Defense conducts direct examination of own witnesses Witnesses May call lay and expert Burden of proof Only on af rmative defenses Prosecution Case in Rebuttal I Prosecution may recall prior witnesses I May present new witnesses I Clarify earlier testimony I General Rule Cannot introduce new matters not covered earlier Defense Case in Rejoinder I Rebuts and clari es prosecution s case in rebuttal I May impeach witnesses from prosecution case in rebuttal I May not introduce new matters can address any new matters mentioned by prosecution Motion for Judgment of Acquittal I Motion offered at end of defense case in rejoinder I Rarely successful I May be granted if element of crime missing I Motion may rst be made after prosecution s case in chief Closing Arguments I Prosecution presents closing argument rst defense goes second prosecution has nal say I Attorneys I Summarize evidence I Place respective cases in best position I Closing arguments Not evidence I Personal opinion of guilt or innocence by attorneys Not appropriate Jury Instructions I Purpose Educate the jury concerning law applicable to case I Including proof beyond a reasonable doubt inferences presumptions and judicial notice I From pattern jury instructions and suggestions offered by parties I Judge determines ultimate content of instructions N N O O N N N D I N IIIILA Verdicts Sentencing Process and Post Trial Motions I After jury instructions Jury deliberates in secret I Defendant has right to poll jury I Failure to reach verdict Hung Jury retrial possible I Decision to acquit Ends case forever Verdicts Sentencing Process and Post Trial Motions cont I Jury verdict Turns into Judgment I Judge sets forth the plea jury decision sentence judgment I Sentences in federal courts follow nonmandatory guidelines I Presentence reports Assists judges in sentencing I Parties may speak prior to sentencing Verdicts Sentencing Process and Post Trial Motions cont I Judge advises convict of appellate remedies and procedure I Post trial motions include I New trial Jury irregularities newly discovered evidence improper admission of evidence I Notice of appeal of verdict andor sentence and motion to forfeit property Appellate Practice I All cases Statutory right to first appeal I Notice of appeal Mandatory I Attorney investigates facts files brief I Existence of facts not arguable generally I Only major errors reverse convictions I Appeal discretionary after first appeal State and Federal Habeas Corpus I Habeas Corpus petition requests court order that requires I The person holding convict produce his or her body I EXplaination why continued custody is legal I Denial ofwrit Can be appealed Summary State and federal courts have three levels Some crimes are both federal and state Complaint Indictment or Information begin most criminal cases Guilty verdicts may be appealed upon proper procedure


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