CRIMINAL JUSTICE SYSTEM ARREST THROUGH APPEAL

what two components are key to criminal procedure

efficiency & fairness

what is substantive law

laws that prohibit certain types of conduct

what is procedural law

laws that establish fair rules of the game

what are sources of procedural law

US Constitution, state constitution, legislatures, law enforcement agencies, Supreme Court’s supervisory authority

what are examples of how police can ensure accountability and ensure safeguarding constitutional rights

DC Metropolitan Police Department videotapes all suspects’ & witnesses’ statements, officers wear body worn-cameras

how is judicial authority limited

courts can only resolve the cases before them

what is the investigatory stage

BEFORE arrest; includes search & seizure of persons/property, interviews, arrest warrant

what is the adjudicatory stage

AFTER arrest; includes the legal process, complaint, Gerstein heraing

what is probable cause

reasonable basis for believing a crime was probably committed and the evidence of the crime is probably present in the place to be searched

what is a search warrant

written document presented by police to a judge with a sworn statement of facts; judge’s approval grants valid authority to conduct a search

what is the standard for police to conduct a stop

reasonable articulable suspicion that criminal activity is ongoing

what is an administrative warrant

• essentially an invalid arrest warrant used by ICE/DHS

• from federal agency, not from a court (not a judicial warrant)

• doesn’t require an affidavit & isn’t judicially enforceable

when do Gerstein statements need to be filed

in arrests based on probable cause without a warrant

what was the main holding in Gerstein v. Pugh (1975)

the Fourth Amendment requires a judge’s determination of probable cause; if no probable cause is found, the judge dismisses the case

what is a complaint

a written statement of the essential facts constituting the offense charged; filed with the court after arrest

when does a defendant’s first appearance occur before a magistrate

usually within 24 hours; represented by counsel & requires testimony

what happens if a grand jury makes a determination of probable cause

an indictment is issued

when does arraignment occur

after indictment; hearing is a formality

what are pre-trial motions

mostly filed by defendant; asks judge to exclude evidence & allows defense to counter prosecution’s evidence

what are the 4 norms/goals of the criminal process

1. accuracy of verdicts

2. fairness of the process

3. limiting government power in relation to people in the criminal justice system

4. efficiency of the process

how would a perfectly accurate system operate

• no factually innocent persons would be arrested

• all factually guilty people would be arrested

how would a less perfectly accurate system operate

• factually innocent persons would be arrested and acquitted or released before trial

  • however they shouldn’t have been arrested in the first place

• all factually guilty persons who are arrested & charged would be convicted

  • however many factually guilty persons should’ve been arrested to begin with

what is the problem with emphasizing accuracy in the criminal justice system

• accuracy can’t be absolutely achieved in a real world criminal justice system constructed & implemented by imperfect human beings

• a criminal justice system that doesn’t value accuracy isn’t legitimate

how does the criminal justice system exemplify fairness

the Constitution entitles even factually guilty people to due process of law

how does the criminal justice system limit government power

the Bill of Rights values individual rights & limits government power

what is the exclusionary rule

prevents government from using evidence obtained in violation of the Fourth Amendment; deters future government misconduct

what effects can an inefficient criminal justice system have

• undermining public safety by delaying punishment of factually guilty criminals

• delaying justice for factually innocent criminals

  • justice delayed = justice denied for both defendants and the government

• prolong ordeals & delaying closure for crime victims

what is one way to increase efficiency in the criminal justice system

encouraging defendants’ guilty pleas; speeds up resolution of cases and eliminates possibility of trial & appeal

what are alternative approaches to criminal procedure

the crime control model & due process model

what problem do alternate approaches to criminal procedure pose?

the crime control model & due process model imply that all criminal justice system models are strictly one or the other when in reality they’re a mixture of both

what is the crime control model

• prioritizes prevention of crime

• emphasizes prosecution/punishment

• gives more deference to police & prosecutors

• gives less deference to lawyers & courts

• prioritizes efficiency

what is the due process model

• advances limitation of government power

• restrains police

• paramount presumption of innocence

• judicial activism is appropriate

• less emphasis on efficiency

what was the holding in Betts v. Brady (1942)

indigent defendants prosecuted by the state for non-capital offenses don’t have a right to counsel under the Sixth Amendment (not a fundamental right)

what was the holding in Gideon v. Wainwright (1963)

the Sixth Amendment requires states to provide attorneys to criminal defendants who cannot afford one; recognizes this as a fundamental right

upon what main principles is the US criminal justice system based on

the Constitution, due process, presumption of innocence

when does the Sixth Amendment’s right to counsel attach

• after commencement of adversarial judicial proceedings

• at any critical stage of prosecution

Powell v. Alabama (1932)

• 9 poor black uneducated defendants charged with rape

• lawyers appointed on the day of trial for defendants

• SCOTUS overturned convictions only because it was a capital case

• didn’t establish a right to counsel in all state cases

how is the right to appointed counsel implemented

• public defender system

• assigned counsel program

• contract lawyer program

does the Sixth Amendment apply to criminal appeals

no

• the federal system & every state permits a convicted person at least 1 appeal post-trial

• Fourteenth Amendment requires states to provide indigent defendants with counsel on their first appeal

what 2 rights does the Sixth Amendment include

the right to counsel & the right to represent yourself

does the Sixth Amendment grant a right to represent oneself

yes; defendants have right to voluntarily/knowingly waive their right to trial

how does it work when a defendant wants to represent themselves

• self-representation decision is made after a full hearing to make sure the defendant is aware/informed

• standby counsel assists defendant if needed in representation

what are qualities of effective counsel

• keep defendant constantly informed

• investigate vigorously

• knows rules & uses them to defendant’s benefit

• no conflict of interest (can’t represent both defendant & prosecution witness at trial)

Strickland v. Washington (1984)

• set standards for establishing ineffective assistance of counsel:

  • deficiency —> counsel’s performance was deficient & fell below an objective standard of reasonableness

  • prejudice —> defendant was harmed by counsel’s deficient representation

    • reasonable probability that the result would have been different but for the counsel’s unprofessional errors

• Marshall dissent —> prejudice shouldn’t be a consideration; proving deficiency is enough

how can a defendant claim ineffective counsel at trial

judge makes a determination based on observation; defendant waives attorney/client privilege

how can a defendant claim ineffective counsel on appeal

new counsel argues for ineffectiveness based on trial transcript; defendant waives attorney/client privilege

how does pretrial detention conflict with the due process model

takes away a person’s liberty & holds them before trial without establishing guilt beyond a reasonable doubt

what are the main constitutional amendments implicated in pretrial detention/release

5th (guarantee of due process) & 8th (prohibition of excessive bail)

how does first appearance before a magistrate work

• occurs without unnecessary delay

• defendant is represented by counsel

• judge reviews arrest warrant & Gerstein statement to determine whether probable cause exists

• judge sets conditions of release

Riverside case (1991)

• first appearance should occur within 48 hours of arrest in warrantless arrest cases

• after 48 hours, the burden shifts to the government to establish that emergency/exigent circumstances were present

  • if none exists, the case is dismissed for a Fourth Amendment violation

what is personal recognizance

pretrial release condition; defendant is given notice of next court date & they promise to appear

what is an example of a non-financial condition a court may impose for pretrial release

an order to stay away from a person/place, drug test

what is bail

pretrial release condition; requires defendant to post money with the court & they will lose it if they don’t reappear in court

what is preventive detention

defendant is held pretrial without bond and is detained pending trial due to being flight risk or a danger to the community

what is the community’s interest with regard to pretrial release

defendant will attend trial & sentencing and won’t commit other offenses while free; embraces crime control model

what are the defendant’s interests with regard to pretrial release

• pretrial detention deprives defendant of liberty absent a finding of guilt beyond a reasonable doubt

• loss of liberty can cause financial consequences & hamper defense’s trial preparations

• interest in fairness & limits on government power; embraces due process model

how did bail/pretrial release work before the 1960s

defendants not released on personal recognizance had to post a bail fee with the court or they wouldn’t be released

what is the bail bondsman process

• court sets bail & bondsman is involved if the defendant can’t pay the bail

• defendant pays a specific percentage of the bail & the bondsman pays the rest

• if the defendant doesn’t show up, the bondsman tracks them down

• if the defendant shows up, they don’t get their percentage of money back; bondsman gets money back

what changes were made during 1960’s bail reform

• states took steps to limit bail bondsmen’s influence & give judges more information in making pretrial release decisions

• 1966 federal law made non-financial conditions default (ex: third-party custody)

what was the Federal Bail Reform Act of 1984

• eliminated punitive bonds

• a judge can consider a defendant’s dangerousness to the community in release conditions

• a case must involve a specified offense for permissible pretrial detention

• defendants have a right to counsel at their detention hearing, a right to cross-examine witnesses, and a right to present evidence

• government has burden of proving that detention is necessary under standard of clear & convincing evidence

• defendant can appeal their detention order

• strict deadlines apply to indictment & trial

what are criticisms of preventive detention

it’s wrong to jail people for what society fears they’ll do in the future rather than what they did in the past

what are defenses of preventive detention

judges in the bail system order preventive detention by arbitrarily setting high bail

what is the Bail Project

• helps put up bail for people who can’t afford it

• criticized for helping release defendants to reoffend

• not sufficient to address problems with bail system; requires reform

true/false: prosecutors have virtually unlimited discretion in deciding not to bring charges

TRUE; private citizens don’t have a right to file criminal charges; someone has to do it

what are the constraints on a prosecutor’s power to bring charges

• probable cause is required

• can’t prosecute selectively or vindictively

• outside review by the court in an information jurisdiction OR by grand jury in indictment jurisdiction

  • prosecutorial charging decisions are reviewed by the judicial branch

what happens for all federal cases involving an infamous crime/felony

they must go to a grand jury for indictment

what are the factors that influence charging decisions

• resources

• reasonable doubt about guilt

• harm caused by the offense

• whether punishment is disproportionate to the offense

• reluctance of witnesses to testify

• concerns about witnesses’ credibility

• whether the defendant can help prosecute others

• defendant’s criminal history

what is selective prosecution

decision on whether to prosecute based on unjustifiable standards/arbitrary classification (ex: based on race, based on exercise of constitutional right)

how does a defendant prevail on a claim that they experienced selective prosecution based on race

defendant must show that similarly situated people of a different race weren’t prosecuted; difficult to establish because defendants don’t have access to this information

what is vindictive prosecution

defendant argues that prosecutor brought more charges against him for doing something lawful (ex: appealing conviction, demanding jury trial)

what is a preliminary hearing

• occurs within reasonable time after first appearance

• defendant is represented by counsel

• testimony required

• hearsay evidence is admissible

• judge decides probable cause based on testimony

what strategic benefits does a preliminary hearing have for the defense

• defense obtains discovery

• reveals case problems; can prompt government to reconsider prosecution

• provides useful evidence/info for cross-examination at trial

what strategic benefits does a preliminary hearing have for the prosecution

NONE

what is an information jurisdiction

judge’s finding of probable cause sends case to trial

what is an indictment jurisdiction

government still has to go to grand jury after a judge finds probable cause

what are the main functions of a grand jury

screening & investigative functions

what is a grand jury proceeding

• part of judicial branch; independent of prosecution

• usually 16-23 jurors

• prosecutor presents evidence; proceedings are secret

• defendant has no right to testify, counsel, or be in the room

• prosecutor can present evidence that was illegally obtained

• standard = probable cause (decision just has to be majority of jurors, not unanimous)

what is a subpoena

document that can be delivered to a person/company to make them come to court to testify or hand over evidence; prosecutors must get subpoenas approved by grand jury

subpoenas can only be issued by the _____ branch

judicial

what is a joinder

• putting together charges or defendants in a case

• more efficient to try a defendant on all charges in one trial & try co-defendants together

what is discovery

pretrial disclosure of pertinent facts/documents by 1 or both parties to a legal action

true/false: the constitution provides defendants a right to discovery

FALSE

what does the Federal Rule of Criminal Procedure 16 establish

government has obligation to provide evidence early on in the case

what benefit does Federal Rule of Criminal Procedure 16 have for the defense

• helps shape defense pre-trial strategy

• defense may want to file suppression motion

what types of evidence may the defense discover under Federal Rule of Criminal Procedure 16

• statements made by the defendant to law enforcement

• statements made by co-defendants to law enforcement

  • not required on the face of rule 16 but judges require it in practice

• defendant has right to inspect physical evidence

  • government has duty to preserve physical evidence

• witness information about government witnesses’ statements

  • can discover impeaching info relevant to witness’ credibility (ex: prior convictions)

  • doesn’t include names & addresses

• defendant’s criminal record

  • convictions can be used against him if he takes the stand

• scientific tests & examinations

  • must be disclosed early enough for defense to prepare so the trial won’t have to be delayed

what type of evidence may the government discover under Federal Rule of Criminal Procedure 16

• information about an alibi defense

• information about an insanity defense

• tests/examinations, reports, expert witness info

Brady v. Maryland (1963)

• Brady & Boblit charged with murder, Boblit told the police he was the actual guilty one

  • government failed to turn over this statement that would’ve indicated Brady’s innocence

• Brady convicted & found guilty, sentenced to death

• SCOTUS held that suppression of evidence violates due process where evidence is material to either guilt or punishment

what are the elements of the Brady rule?

• the evidence was directly in the defendant’s favor

• government suppressed the evidence/failed to disclose it

• evidence is material to either guilt or punishment

  • defendant could be prejudiced by the suppression

when is evidence material under the Brady rule

• if there’s a reasonable probability that the proceeding would have been different had the evidence been disclosed to the defense

• reasonable probability = probability sufficient to undermine confidence in the outcome

does Brady evidence only apply to evidence supporting factual innocence

NO; also includes impeaching evidence that would undermine the credibility of government witnesses

what’s an example of a professional consequence for prosecutors who violate Brady requirements

can be disbarred

what are a defendant’s interests in a rapid disposition of criminal charges

• long delay impairs accused’s ability to defend himself

• rapid disposition minimizes anxiety, concerns, life disruptions

• speedy disposition minimizes length of pretrial detention

true/false: long trial delays usually hurt the defense more than the government

FALSE; long trial delays usually hurt the government more than the defense

where do speedy trial rights originate from

• US constitution

• statutes

• court rules

when does the Sixth Amendment right to a speedy trial have application

when a defendant is accused

what is the 4 prong test the Court established in Barker v. Wingo (1972) for determining whether a right to speedy trial was violated

1. length of delay

2. reason for delay

3. defendant’s assertion of speedy trial right

4. prejudice to defendant

what is the remedy for a violation of a defendant’s right to a speedy trial

• dismissal with prejudice; case can’t be refiled

• lower courts have required other remedies like pretrial release

what does the Federal Speedy Trial Act (passed in 1974) do

• requires a defendant to be formally charged within 30 days of arrest

• requires trial to begin within 70 days of formal charges

• speedy trial clock can be tolled/paused by court due to pretrial motions, if court grants trial continuance/delay in interests of justice, or if there’s a public emergency (ex: COVID)

what are statutes of limitations with respect to speedy trials

• main protection against pre-accusation delay

• limitations period runs from the time of the offense to the time a formal charge is brought

• usually no statute of limitations for murder in most states/jurisdictions

• serves no interest of the criminal justice system to pursue charges against people for minor offenses from years ago