Chapter 9 Criminal Procedure and Trial Process Study Notes

Overview

• This section covers criminal procedure, evidentiary rules, and the stages of a criminal case from investigation to appeal.

Criminal Procedure

• Definition: Rules designed to ensure fairness in the criminal justice system.

• Similar to civil rules of procedure but specific to criminal cases.

• Governs all stages of a criminal case:

  • Investigation

  • Arrest

  • Trial

  • Sentencing

  • Appeals

Rules of Evidence

• Purpose: Controls what evidence can be used at trial.

• Includes guidelines on:

  • Witness statements

  • Item introduction

  • Procedures for evidence admission

• Protects all individuals, including the accused, from unjust prosecution.

Investigation Stage

• Begins when law enforcement learns of a crime via:

  • Observations by officers

  • Reports from victims or witnesses

• Key Protections:

  • Fourth Amendment: Protects against unreasonable searches and seizures.

  • Fifth Amendment: Protects against self-incrimination.

  • Sixth Amendment: Guarantees the right to counsel.

  • See page 245 for a procedural diagram of a criminal case.

Procedure Flow in a Criminal Case

1. Crime occurs.

2. Investigation follows (including search and seizure, questioning).

3. If reasonable suspicion exists, arrest and booking take place.

   • Initial appearance for magistrate review the next day.

   • Preliminary hearings may happen shortly after in federal cases.

4. Grand jury reviews evidence and determines probable cause.

5. Arrraignment and trial follow.

Stop and Frisk

• Definition: Allows police to stop and conduct a brief pat-down of a person based on reasonable suspicion.

• Key components of stop and frisk:

  • Short, not overly intrusive.

  • Only a pat down of clothing is permissible—no searches of pockets without further cause.

  • Intended primarily for officer safety and crime prevention.

Searching Properties

• Police can search homes, cars, or businesses when authorized.

• Chain of Custody: Important to track evidence from collection to court to ensure it is admissible.

  • Evidence must be clearly marked and documented.

Fourth Amendment Protections

• Search warrants must be issued with probable cause and detail what can be searched and seized.

• Privacy expectations are evaluated based on circumstances:

  • Warrant required for home searches.

  • Stolen property in plain view can be seized without a warrant.

• Probable Cause Affidavit: Must accompany warrant application, detailing the crime and evidence sought.

• Search warrant execution typically must occur during the day and following proper protocols (knock and announce).

Exceptions to Search Warrant Requirement

• Consent Search: Authorized by someone with apparent authority (e.g., a roommate).

• Plain View Doctrine: Officers can seize evidence they see in plain view.

• Search Incident to Arrest: Officers can search individuals and their immediate area upon arrest for safety and evidence.

• Inventory Search: Conducted when items are seized (e.g., towed cars).

• Emergencies: Officers may enter premises without a warrant to prevent evidence destruction or if someone's safety is in danger.

Interrogations and Fifth Amendment Rights

• Important distinctions in questioning:

  • Officers often use friendly tactics to extract information from suspects, leading to self-incrimination.

  • It is vital not to speak to police without a lawyer present.

• Miranda Rights: Must be communicated before custodial interrogation:

  • Right to remain silent.

  • Right to an attorney.

Custody Definition

• A person is in custody when they reasonably feel they cannot leave, regardless of formal arrest.

Post Arrest Procedures

• Arrest: Taking someone into custody based on probable cause or arrest warrant.

• Booking Process: Involves collecting information, reading Miranda rights, allowing phone calls, and taking identification photos.

• Initial Appearance: Following arrest, suspects must see a judge promptly to understand charges and rights.

Bail System

• Definition: Money/property held to ensure court appearance.

• Bail Bonds: 10% payment to a bondsman for bail posting.

• PR (Personal Recognizance) Bonds: Allow release based on a signature for minor offenses.

Criminal Case Progression

• State has 90 days to formally file charges if a suspect is in custody.

• Grand Jury: Reviews evidence and issues an indictment if probable cause is found.

• Preliminary Hearings: Conducted in federal cases without a grand jury.

• Arraignment: Where formal charges are read, and pleas are entered.

Plea Entries

• Standard Plea: Not guilty initially to allow for evidence review and plea negotiations.

• No Contest (Nolo Contendere): Not contesting charges, usually offered during plea deals, treated like a guilty plea in criminal settings but not in civil cases.

Discovery Phase

• Both sides exchange evidence to avoid trial ambush.

• Prosecution must provide all evidence to the defense for review leading up to trial, including names of witnesses and police reports.

Pretrial Motions

• Commonly filed motions include:

  • Motion to Compel Evidence: To obtain withheld information.

  • Motion to Suppress Evidence: Prevent potentially illegally obtained evidence from being used.

  • Exclusionary Rule: Evidence obtained illegally cannot be used in court.

Competency to Stand Trial

• Focuses on defendants' ability to understand trial processes, not mental state during the crime.

• Judges conduct hearings based on defense claims of incompetency.

Right to Jury Trial

• The Sixth Amendment ensures the accused can have an impartial jury; the Fourteenth Amendment applies to state cases involving longer jail time.

Jury Requirements

• Federal and state juries consist of 12 members; must reach unanimous verdicts.

• Misdemeanor juries can have 6 members, and non-unanimous verdicts may be permitted in some jurisdictions.

Trial Process

• Criminal trials require proof beyond a reasonable doubt.

• Prosecutors present evidence first, followed by defense questioning and potential evidence introduction.

• Closing Arguments: Both sides summarize their cases before the jury deliberated to reach a verdict.

Sentencing Post-Conviction

• In federal cases, judges determine sentences based on sentencing guidelines post-conviction; juries don’t decide sentences.

• Mandatory Sentencing: Requires that specific crimes receive predetermined sentences.

• Plea Bargaining: Negotiation between prosecutors and defense regarding sentencing terms.

Appeal Process

• Requirement: Convicted defendants must file a notice of appeal within a designated timeframe (usually 30 days).

• Double Jeopardy: The prosecution cannot appeal not guilty verdicts due to the right against double jeopardy.

Post-Judgment Options

• Writ of Habeas Corpus: A prisoner challenges the legality of their detention after all appeals are exhausted.

• Petitions for Clemency: Convicted persons can request leniency from the governor, often used in cases of wrongful conviction or unfair trials.

• Clemency Types:

  • Pardon: Complete forgiveness.

  • Commutation: Sentence reduction.

  • Reprieve: Temporary suspension of punishment.

Conclusion

• Understanding the criminal justice process is essential for all parties involved, including defendants, victims, law enforcement, and legal practitioners. The rights of individuals must always be upheld throughout all stages of criminal procedures, from investigation through appeal.