CJ System Final

criminal procedure

the rules that regulated the inquiry into whether a violation of law has occurred and if the accused committed the crime

2 stages of criminal prosecution

1)investigatory

2)adjuticatory

presentment hearing

first appearance in front of a judge usually within 24-28 hours

arraignment

will happen once individual has been indicted

motions hearing

happen before trial, determine if evidence can be introduced, was obtained illegally

reasonable suspicion

standard of proof for stops and frisks

probable cause

standard of proof to arrest someone

preliminary hearing

happens within 3-10 days after presentment hearing

Brady evidence

anything that may be exculpatory for the defense

crime control model

focused on belief that repression of crime is the most important think

-quick and aggressive investigations

due process model

focusses on rights of the individual and values the presumption of innocence

-how you treat the individual is the primary focus

sources of law

-federal government

-supreme court

-appellate court

incorporation of bill of rights to the states

-everything is incorporated except for the right to a grand jury

-federally you must be indicted by a grand jury, states do not have to do this

right to counsel attaches

after the commencement of adversarial judicial proceedings

stand-by counsel

if a person is representing themselves their attorney will stay in the court room to help them if needed

hybrid representation

you cannot have counsel and represent yourself at the same time

-cannot go back and forth between the two options

test for ineffective assistance of counsel

Strickland test

Strickland test

1) deficient performance- acted in a way no defense attorney would

2) but for this deficient performance there would have been a different outcome

prosecutorial discretion

prosecuting attorney have absolute power to choose whether or not to bring criminal charges

clear and convincing evidence

burden of proof for deciding to release or detain a defendant

selective prosecution

Prosecuting some people for a crime but not others

vindictive prosecution

when prosecutor ups charges/added charges for someone trying to excursive their rights

number of people on grand jury

16-23

number of people on grand jury needed to vote for indictment

at least 12

rule 16

governs discovery for the federal court system

gigglio evidence

evidence that is not necessarily exculpatory but has to do with credibility or prosecutions witnesses

-anything that could impact the credibility of witnesses

-are you paying them?

speedy trial

-30 days from arrest to indictment

-70 days from indictment to trial

-this almost never happens

pleas available to someone

-guilty

-not guilty

-not guilty by reason of insanity

-alford plea

-conditional plea

-nolo contendre (no contest)

Alford plea

I understand that the government has all of this evidence against me but I have no memory of the crime (I was so drunk, high)

not guilty by reason of insanity

I committed the crime but I am not responsible because I am legally insane

-person does not know right from wrong

-person could absolutely not conform their conduct to the law

conditional plea

is a guilty plea, reserve rights to appeal

-no right to a conditional plea

factors needed to be satisfied for a guilty plea

-must be voluntary

-must be knowing and intelligent

-has to be factually supported

-you have a right to plead guilty but court does not have to accept it

solider plea

people just please guilty to every charge against them without any benefit to them just to be a "good solider" to their crew

voir dire

speak the truth

fair cross section of the community

courts need to draw people from a variety of sources so that it is a diverse group of people

strikes for jurors

strike for cause

preemptory challenge

strike for cause

this juror has said something that strikes them because they cannot be impartial/fair

-unlimited number

preemptory challenges

challenges for any reason besides race, gender, ethnicity

-limited number

Batson

cannot strike jurors based on race

-later extended to gender, ethnicity

4 elements to confrontation clause

-testimony of the witness has to be susceptible to cross examination

-has to be given under penalty of perjury

-face to face with defendant

-face to face with jury

devonshire evidence

statements of a dead witness

burden: preponderance of the evidence

Devonshire case

if the defendant who killed the witness that would have given testimony against them waives the right to confront witnesses and waives right to object to hearsay from that witness

-defendant procured the unavailability of the witness

5th Amendment

no person shall be compelled to be a witness against himself

4 requirements for 5th amendment to apply

-person, not a business or corporation

-compelled- subpoena, physical force, threat

-in a criminal case- only applies to government action

-as a witness against him/herself- can compel you to incriminate others

immunity

nothing you say can be used against them

-will be required to testify

Carter debriefing

if witness has a viable 5th amendment right as determined by a judge will be meeting with prosecution and witness with immunity for a day

5th amendment right does not apply to

fingerprints, physical features

custodial interrogation

The questioning of a suspect after that person has been taken into custody.

-have 5th amendment right

2 things for 5th amendment to apply

-custody

-interrogation (if police just say something not interrogation)

custody

restriction of your movement that is equivalent to arrest

Terry stop

very quick, restriction should only be enough to fix the reasonable suspicion

-no 5th amendment right

interrogation

designed to elicit an incrimination response or something related to the crime

proof beyond a reasonable doubt

a doubt for which you have a reason based on evidence or lack of evidence in a case

anti-deadlock instructions

if the jury tells the judge that they are struggling to reach a verdict judge will provide additional instructions

-can only be given once

self-defense

person must have objectively reasonable imminent fear or being hurt

-objectively reasonable to both the person and society

jury nullification

in the jury does not convict even if it seems they should

crime fraud exception

if conspiring with attorney to commit crimes that information is not privileged

goals of sentencing

-punishement

-rehabilitation

-deterrence of offender

-deterrence of everyone

specific deterrence

deterrence of the offender

general deterrence

deference of everyone

rights that apply at sentencing

right to counsel, right against self-incrimination, Brady evidence

rights that do not apply at sentencing

beyond a reasonable doubt, right to compel witnesses,

right for victim/family at sentencing

have a right to address the court

crime victims rights act passed in

2004

crime victims rights act applies

only in federal cases

-has become a model fo the states to follow

sexual assault victims rights act

applies specifically for sexual assault at the federal level

homicide family victims right act

designed to bring attention to cold cases and reinvestigate them

-every family has a right to request a reinvestigation after 3 years

double jeopardy attaches when

the moment the jury is sworn in

conditional guilty plea

reserves the right to appeal a specific issue and if losses this appeal pleads guilty

most common issue argued on appeal

insufficient evidence to convict

Motion for judgment on acquittal (MJOA)

after prosecution rests defense will argue case should be dismissed

rights on appeal

-no constitutional right to appeal

-every jurisdiction provides right to appeal

-right to a lawyer

-defendant has no right to attend

harmless error

make mistakes in every trial

-wont change conviction on appeal because does not substantially impact defendants rights

plain error

exception to rule that defense must raise objection at trial

elements to plain error

-legal error-clear deviation from legal rule or responsibility

-plain- clear and obvious

-has to substantially impact rights of the defendant

Atkins v. virginia

someone with significant intellectual disabilities cannot be put to death

Roger v. Simmons

juveniles cannot be put death- cruel and unusual punishment

Crime Fraud Exception

if conspiring with attorney to commit fraud or other crimes this is not privileged information