Criminal Arrest Procedure What happens from crime to trial?
Post on 17-Jan-2016
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Criminal Arrest ProcedureWhat happens from crime to trial?
The Crime OccursThere is VictimAction Against the StateOr is it a Crime???
Investigation and ArrestWhat are your rights when being investigated?
4th AmendmentThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
4th Amendment ExceptionsIncident to a Lawful Arrest (for weapons)Stop and Frisk upon suspicious behaviorConsentPlain ViewHot PursuitVehicle searches with probable causeEmergency SituationsBorders and AirportsPatriot Act
Miranda RightsYou have the Right to Remain SilentAnything you say can and will be used against you in a court of law.You have the Right to talk to an Attorney and have him present while you are being questioned.If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.You can decide at any time to exercise these rights and not answer any questions or make any statements.
Miranda RightsWhen do they begin?Before you are DETAINED AND QUESTIONED.If not readthen what?
ARRESTBookedFingerprintsPhysical ExamBlood TestPhoto
At this point, all based on PROBABLE CAUSE
Initial AdvisementCharges Officially Filed and ReadFelony Complaint by DABill of Indictment by Grand Jury
Bail or Jail
Grand JuryPermanent JurorsDecide if there is enough evidence to proceed with a trialWitnesses for Prosecution2nd-hand info is OKNo defense
Optional Preliminary HearingDefendant can request with in 30 daysOfficially address the states chargesCourt appoints lawyer if neededIs there enough evidence for trial?
ArraignmentCharges Read AGAINRight to Trial by Jury OfferedEnter a PleaNot GuiltyGuiltyInsanityNo ContestMute
Plea BargainingCan occur at any time, but usually starts nowReasons for defense?
Reasons for Prosecution?
DiscoveryDA reveals ALL evidence to the defense
What if they dont?
Should the defense also share?
Pretrial MotionsLegal maneuvers to improve chances of winningDefense tends to challengeEvidenceHow evidence was gatheredEmotional Evidence and Use of VisualsWitnesses that must or cant be heardViolations of RightsAllowable argumentsDismissal of the Case
Prosecution is basically defending their case before the trial
More Pre Trial MotionsJudge rules on each mini-trial separatelyEach side weighs its casePLEA BARGAINING W/ PURPOSEMost cases end hereOften happens morning of trialFor BIG cases, can take years
Trial A Speedy Public TrailIssues of Fact JuryIssues of Law Judge
Most often, a one week affair
Stage 1 Jury SelectionRight to an impartial jury of your peersVenire list of potential jurors who have been issued a summons Developed how?Voir Dire the selection of the jury panelHow many?Challenge for CausePeremptory Challenges
Prosecution goes firstDefense goes secondmaybe
Witness TestimonyDA calls witnesses one at a timeDAs Direct Examination Defenses Cross ExaminationDAs Redirect (limited)Defenses Re-cross (limited)
Until both are finished with the witness
More WitnessesDefense will 1st ask for a Directed VerdictNow Defenses DirectDAs CrossDefense RedirectDAs Re-cross
Often see very few defense witnesses WHY?
And more witnessesDA can offer Rebuttal Witnesses Which are?Often see repetitive questioning and information Why?ObjectionsPresentation of EvidenceRules, rules, rules
Closing StatementPurposeDA 1st -> Defense -> DA 2nd Tactics
The ChargeInstructions for the JuryRules for behaviorThe letter of the lawAnything agreed to by both sidesBut actually very little direction for the in-the-room process
Jury DeliberationSociology and BehaviorLeadershipOptions:Guilty of allGuilty of someNot Guilty (Acquittal)Hung JuryMistrial (not their choice!)
SentenceWell discuss later, butTime, Money, Service, and other assorted optionsRange determined by legislature
AppealA long and winding roadAppeals based on?ProcessTrial TranscriptsWritten BriefsOral ArgumentsPotential Outcomes
AND, FINALLYLets go play law!