JUST102

What is a trial?

a formal examination of evidence before a judge, and typically before a jury, to decide guilt or innocence in a criminal proceeding.

Who are 2 people who are a very important part of a trial but NOTZ considered a professional courtroom actor?

The defendant and the victim

How are Federal Judges appointed? (MPC)

All Federal Judges (constitutional judges) are appointed by the President of the U.S. for life terms

How are judges selected?

N.J. Supreme Court Justices and Superior Court Judges:

1. The Governor nominates a person to be a justice or a judge.

2. The Governor then submits the nomination to the Senate, which then votes to confirm the nominee.

3. If confirmed by the Senate, the judge is sworn in for an initial term of 7 years.

Reappointmrnt of judges

After 7 years, judges and justices can be reappointed. Again, the Governor submits a nomination to the Senate, which votes to confirm or deny. If reappointed, have tenure, and may remain until age 70, when the NJ Constitution requires that they retire.

The role of the prosecutor (MPC)

The Prosecutor is an attorney whose official duty is to conduct criminal proceedings on behalf of the State and the people against those accused of having committed offenses.

The role of the Defense Attorney

• The job is to exonerate the defendant and mitigate punishment

• Job is to negotiate the best plea deal possible

• The job is to ensure that the defendant’s rights are not violated

In what type of case does the defendant have a 6th Amendment constitutional right to be represented by competent counsel/Attorney ***MPC***

Criminal Case

What is a Subpoena? (MPC)

a written order issued by the courts for an individual to appear in court and give testimony.

In a criminal case the verdict must be what?

Unanimous

Evidence comes in 3 basic forms (MPC) :

1. Testimonial: Oral testimony by a sworn witness

2. TANGIBLE: Physical evidence (gun, drugs, diagram) (MPC)

3. Judicial Notice: those matters that are common knowledge and can be verified by a reliable source

What is a Plea Bargin?

An agreement between the prosecutor and the defendant in which the defendant enters a guilty plea with the expectation of receiving some consideration from the State.

(MPC) After a criminal case is indicted what happens to most cases?

96% are resolved without a trial and by plea

14 steps of the criminal trial (2 mpc)

1. Pre-trial Motions.

2. Jury Selection.

3. Opening Statements.

4. Prosecutor’s Presentation of Evidence.

5. Cross-Examination.

6. Re-Direct and Re-Cross-Examination

7. State Rests

8. Motion for a Directed Verdict.

9. Defendant’s Presentation

10. Summations/Closing Arguments.

11. Charge to the Jury.

12. Jury Deliberations.

13. The Verdict.

14. Sentencing.

Step 1: Pre-trial Motion

Before the jury is selected, both the prosecutor and the defense can make any pre-trial motions. Examples: Motion to dismiss, Motion to Suppress, Wade Motion, Sands Motion etc.

Step 2: Jury Selection

Once the jury is satisfactory to both sides, the jury is sworn in. Sidebar: During jury selection and trial, the defense and the prosecutor will approach the bench and request a sidebar. This is usually done at the side of the bench and away from the jury. These conferences must be recorded and made part of the record.

Step 3: Opening Statements:

Before any evidence is presented, each side is allowed to address the jury in the form of an outline of the case he/she will present. The prosecutor must give an opening, the defense does not have to. The State goes first, and then the defense.

Step 4: Prosecutor’s Presentation of Evidence:

The State will present its case by witness testimony and exhibits. This is called “direct examination.” (No leading questions allowed)

Step 5: Cross- Examination

After the prosecutor has completed the direct examination of the witness, the defense can cross-examine. During cross, the defense may ask leading questions. Purpose of cross is to impeach their credibility or confuse them.

Step 6: Redirect and Re-Cross

The prosecutor may ask additional questions about any matters that have come out during cross. The defense may then re-cross.

Step 7: State Rests

At this point the prosecutor will move all items into evidence. The State’s presentation is complete.

Step 8: Motion for A Directed Verdict

At this point, the defense will ask for a directed verdict. This is done outside the presence of the jury.

Step 9: Defendant’s Presentation

Defense counsel now can present witnesses. The defendant cannot be forced to testify

Step 10: Summations/Closing Arguments

Each side presents a summary of the case he/she presented.

Step 11: Charge to the Jury

he judge now charges the jury…explains their responsibilities and the law that they must apply to the facts.

Step 12: Jury Deliberations

The jury now retires to the jury room to deliberate. During this time, no one is permitted to enter.

Step 13: Verdict (MPC)

Must be unanimous. Defendant is either found guilty, not guilty, or hung jury.

Step 14: Sentencing and Pre-Sentence Report

• Upon a guilty verdict, a pre-sentence report will be generated by probation. This report is designed to assist the judge in weighing all the circumstances of the crime, the defendants full criminal record, his family background, education, employment history etc. It will also include statements received from victims and their families. The defendant’s financial background is also included. The report will recommend prison or probation. Judges are not bound by their advice, but their insight is essential to the sentencing process.

• At sentencing, the Judge will consider both mitigating and aggravating factors. Judges will consider the degree of harm to the victim, the severity of the crime, the risk of defendant committing another crime, and most importantly the defendant’s prior record. The defendant will receive imprisonment or probation.

4th Amendment

It prohibits illegal searches and seizures

the four exceptions to the warrant requirement to search a home are:

1. Emergency applies when a police officer believes someone's life is in imminent danger. For instance, if an officer arrives at your home and hears someone screaming for help, the officer may be allowed to enter your home and search it without waiting for a warrant.

2. Plain View – this covers situations where you answer the door, and the police officer can see, in plain view, a kilo of cocaine sitting on the kitchen table just a few feet inside the house.

3. Incident to Arrest – if the police are allowed to enter the home to make a lawful arrest, a search of the area under the arrestee's immediate control may be conducted for the officer's safety.

4. Consent – without a doubt, the most used exception is consent. If you consent to a search of your home, the police do not need a warrant.

What is a Warrant? (MPC)

In criminal proceedings, a warrant is issued by a judge which directs the police to perform a legal search which protects the officer who executes it.

2 Types of Warrants

1. Search Warrant

2. Arrest Warrant

What must a search warrant contain? (MPC)

1. It is to be signed by the Judge.

2. It must identify the property to be seized.

3. It must name or describe the person or place to be searched

4. It must specify the hours when it may be executed.

What is Probable cause?

Probable cause refers to the necessary level of belief a police officer must have before arresting an individual or searching a home, vehicle, or possessions of a suspect.

The Exclusionary Rule (The Fruit of the Poisonous Tree Doctrine)

The remedy for an unreasonable search and seizure is suppressing the evidence under a Motion to Suppress by the Exclusionary Rule.

Fruit of the Poisonous Tree Doctrine

Evidence illegally seized by the police cannot be used in a trial.

3 levels of Police Encounters

1. Field Inquiry: police approach a person on the street or other public place and converse. This requires NO threshold suspicion, as the person is free to respond or go on their way.

2. Investigative Detention: More intrusive than a field inquiry. It requires a reasonable and articulable suspicion of some violation of the law.

3. An Arrest: The most intrusive and takes a person into custody. It requires a finding of probable cause that a law has been violated and that the person violated it.

Exceptions to the Warrant Requirements

1. Search incident to Arrest

2. Stop and Frisk

3. Consent

4. Strip search/ body cavity searches

5. School exception

Exceptions to the warrant: Search incident to Arrest

The seminal U.S. Supreme Court case that deals with searches incident to arrest is Chimel v. California** (1969). ***MPC**

The Court held that the police may, after an arrest, search the “immediate physical area within easy reach of the defendant.” Three reasons are:

1. to protect the arresting officer (from weapons)

2. to prevent evidence or contraband from being destroyed and

3. to keep the defendant from escaping.

“Wing- span” is the test (where can the suspect reach?)

Exception to the warrant: Stop and Frisk

Facts: Terry and others were acting suspiciously in front of a store, police believed that they were planning on robbing the store. The officer stopped Terry and frisked him. A gun was found on Terry, and he was convicted of carrying a concealed weapon. Terry appealed.

• Holding: The Supreme Court held that a citizen may be briefly detained by police without probable cause when they have a “reasonable suspicion” to believe that the person is armed and dangerous. The officer may conduct a pat-down search of the suspect for weapons without a warrant or probable cause.

• Where an officer reasonably concludes that a person is involved in criminal activity and

• The person is armed and presently dangerous.

• The officer may protect themselves and others in the area by conducting a limited search of the outer clothing of the person to search for weapons which might injure him/her.

Exceptions to the warrant: Consent

A police officer must have a reasonable suspicion that you or your passenger are engaged in criminal activity before asking a motorist to search their vehicle after a routine traffic stop for a motor vehicle violation.

The requirements of Consent are:

1. Must be voluntarily given

2. The person must be told that they have a right to refuse

3. the person has the right to be present while the search is being conducted

4. the right to stop the search at any time and

5. must be written and signed by the person and police officer (maybe in the officer’s report)

6. must specify the areas to be searched. (Example: the trunk of a car)

Exceptions to the warrant: Strip Search/ Body cavity search

• A strip search is a humiliating, degrading and embarrassing experience. It is the MOST LIMITED exception to the warrant requirement!

• “Strip” searches of convicts in prison, including the search of body cavities, have been permissible.

• U.S. v. Montoya de Hernandez (1985) Supreme Court case focused on the issue of “Alimentary canal smuggling”, in which an offender will swallow condoms filled with cocaine or heroin and wait for nature to take its course to recover the substance. The Court held that the “confinement” of a suspect and the evidence expelled is permissible.

Exceptions to the warrant: School Exceptions

• There is a NO TOLERANCE Rule in schools and educational facilities. Searches conducted to further legitimate government interests are permissible.

• New Jersey v. T.L.O. (1985) allows the search of a student’s locker without a warrant.

What is not allowed in police interrogation?

• Physical Abuse: police cannot use physically coercive interrogation techniques to elicit confessions. Brown v. Mississippi (1936)

• Coercion: refers to any form of non-physical coercion, hostility, or pressure to force a confession from a suspect. Ashcraft v. Tennessee (1944)

• Psychological Manipulation: the manipulative actions by police designed to pressure suspects to divulge information, that are based on forms of trickery, intimidation, and control. Arizona v. Fulminate (1991).

what are the four components of the criminal justice system?

criminal justice systems fails if they do not work together

• Law enforcement

• Prosecution

• Judiciary

• Department of Corrections

The three elements of a crime?

• conduct

• violation of criminal laws of a state, the federal government, or local jurisdiction

• no legally acceptable justification or excuse

Different degree of crimes in the state of New Jersey

• first degree

• second degree

• third degree

• fourth degree

• disorderly persons offense

• petty disorderly persons offense

the first “criminal” jury trial in America was held in ….

Plymouth, Massachusetts

first person to be convicted of murder by a jury verdict

John Billington

individual rights

guaranteed to all members of American society by the U.S. Constitution

public order

under certain circumstances involving a criminal threat to the safety of the public, the interest of society take precedence over individual rights

The ten steps of the Criminal Justice System

• crime

• arrest

• pre-indictment evaluation

• grand jury presentation

• the arraignment

• pre-trial hearing

• the trial

• the sentencing

• department of corrections

• release

Pre-Indictment Evaluation

prosecutor will do one of the following:

• plea bargain

• downgrade

• dismiss

• present the case to the grand jury

Grand Jury Presentation

group of jurors selected to determine whether there is sufficient evidence to bring accused person to trial. Jurors then vote “true bill” or “no bill”

True Bill

to indict (enough evidence)

No Bill

to not indict (not enough evidence)

The arraignment

Defendant stands before judge to hear a formal reading of the indictment. Discovery is exchanged, “guilty” or “not guilty” plea is entered.

Pre-Trial Hearing

Defendant appears in court with attorney and prosecutor, one of the following occurs

• plea bargain

• dismissal

• set a trial date

The Trial

defendant maintain their plea “guilty” or “not guilty”, there are 14 steps to the criminal trial.

The two types of Due Process

system will not work without it

Substantive Due Process and Procedural Due Process

Substantive Due Process

the freedom of speech

the freedom of religion

the right to privacy

Requires the court to determine if a law is unreasonable when it affects a “fundamental right”

Procedural Due Process

right not to have home search without a warrant

right to counsel

right to a jury and public trial

requires fairness in all legal proceedings.

The six due process rights afforded to all criminal defendants

• right to remain silent

• right to counsel

• the right to bail

• right to a speedy and public trial

• right to confront witnesses

• double jeopardy

Miranda v. Arizona

The seminal case that held that before a defendant can be questioned, defendant must be informed of their right to remain silent

Miranda Warnings

required when a person is placed in custody and is not free to leave (arrest and interrogation)

5th Amendment

person cannot be compelled in any criminal case to be a witness against himself (self-incrimination). Only applies to verbal testimony!

Gideon v. Wainright

ruled states must provide counsel to all indigent defendants for a trial. Only applies in criminal cases.

6th amendment

8th Amendment

prohibits excessive bail, defendant is entitled to bail in an amount which will ensure the defendants appearance at trial

Bail Reform in New Jersey, the assessment considers:

• age at the time of alleged offense

• whether offense was violent

• past convictions

• failures to appear in court

• other pending charges

• Does not consider race

5 factors of speedy and public trial

• length of delay

• reason for delay

• timely assertion of right

• prejudice to the defendant

• type of offense

right to confront witnesses is allowed …….. guaranteed by the 6th amendment

unlimited right to cross examination

Corpus Delicti

the body of the crime and it includes two elements that must be proven by the state to sustain a criminal charge: “Actus Reus” and “Mens Rea”

Actus Reus

wrongful act or deed, to prove crime has been committed

Mens Rea

guilty mind, defendant purposely committed the crime

The four types of Mens Rea

• knowing

• purposeful or intentional

• reckless (activity increases risk of harm)

• negligent

Motive

why a person chooses to engage in criminal conduct

Proof of Motive is ………….. in a criminal prosecution

Not

Courts are generally not concerned with …… the defendant committed the alleged crime, but ….. the defendant committed the crime

Why, Whether

the four categories of a crime

• felonies

• misdemeanors

• treason and espionage

• inchoate offenses

Felonies

serious crimes such as murder, rape, aggravated assault, robbery, burglary, and arson. Punishable by death or by incarceration in a prison for at least one year.

Misdemeanors

minor crimes such as shoplifting, petty theft or simple assault. An offense considered a disorderly or petty disorderly offense punishable by 1 year in a county jail

Treason and Espionage

when a U.S. citizen helps a foreign government to overthrow or make war against the U.S. government or its citizens. Gathering or transmitting of evidence to enemies of the United States.

Inchoate Offenses

offense not yet completed but is a step toward the intended commission of an offense. “Attempt Crimes”

The most serious of all criminal offenses in the state of New Jersey is ….

Criminal Homicide

The four types of criminal homicide

• murder

• aggravated manslaughter

• manslaughter

• death by auto

Murder

the purposeful and knowingly killing of a human being (Premeditated) Crime of the first degree. 30 years to life

Aggravated Manslaughter

reckless and purposeful killing of a human being but not premeditated. Crime of the first degree. 10-20 years

manslaugther

reckless killing of a human being. crime of the second degree. 5-10 years

Not Purposeful or Knowing crimes!

death by auto

reckless killing of a human being y b driving a vehicle. crime of the second degree. 5-10 years

Purposely

person acts with a conscious objective to cause death or serious bodily injury resulting in death

Knowingly

person is aware that their conduct will cause death or serious bodily injury resulting in death

premeditated

purposely + knowingly

aggravated sexual assault

penetrations of the vagina or anus with an object or any body part without the consent of the victim (first degree) 10-20 years

sexual assault

sexual penetration of victim 13 years of age to 16 by someone 4 years older. second degree. 5-10 years

sexual contact

intentional touching of the victim. third degree. 3-5 years

Lewdness

exposing oneself in public. disorderly persons offense 0-18 months however, fourth degree if exposed to children

date rape

intercourse within a dating relationship that is not consensual. first degree. 10-20 years

Armed- Robbery

unlawful taking or attempted taking of property that is in possession of another by force and while armed with a weapon. first degree. 10-20 years

strong-arm robbery

unlawful taking or attempted taking of prope3rty that is in possession of another by force. second degree. 5-10 years