Criminal Arrest Procedure

What happens from crime to trial?

The Crime Occurs

• There is Victim

• Action Against the State

• Or is it a Crime???

Investigation and Arrest

• What are your rights when being investigated?

4th Amendment

The 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 Exceptions

• Incident to a Lawful Arrest (for weapons)• Stop and Frisk upon suspicious behavior• Consent• Plain View• Hot Pursuit• Vehicle searches with probable cause• Emergency Situations• Borders and Airports• Patriot Act

Miranda Rights

• You have the Right to Remain Silent• Anything 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 Rights

• When do they begin?

• Before you are DETAINED AND QUESTIONED.

• If not read…then what?

ARREST

• Booked• Fingerprints• Physical Exam• Blood Test• Photo

• At this point, all based on PROBABLE CAUSE

Initial Advisement

• Charges Officially Filed and Read– Felony Complaint by DA

– Bill of Indictment by Grand Jury

– Bail or Jail

– SPEEDY TRIAL?

Grand Jury

• “Permanent” Jurors

• Decide if there is enough evidence to proceed with a trial

• Witnesses for Prosecution

• 2nd-hand info is OK

• No defense

Optional Preliminary Hearing

• Defendant can request with in 30 days• Officially address the state’s charges• Court appoints lawyer if needed• “Is there enough evidence for trial?”

Arraignment

• Charges Read AGAIN• Right to Trial by Jury Offered• Enter a Plea

– Not Guilty

– Guilty

– Insanity

– No Contest

– Mute

Plea Bargaining

• Can occur at any time, but usually starts now• Reasons for defense?

• Reasons for Prosecution?

Discovery

• DA reveals ALL evidence to the defense

• WHY???

• What if they don’t?

• Should the defense also share?

Pretrial Motions

• Legal maneuvers to improve chances of winning• Defense tends to challenge

– Evidence• How evidence was gathered• Emotional Evidence and Use of Visuals

– Witnesses that must or can’t be heard– Violations of Rights– Allowable arguments– Dismissal of the Case

• Prosecution is basically defending their case before the trial

More Pre Trial Motions

• Judge rules on each mini-trial separately• Each side weighs its case• PLEA BARGAINING W/ PURPOSE

– Most cases end here

• Often happens morning of trial• For BIG cases, can take years

Trial – A “Speedy” Public Trail

• Issues of Fact – Jury

• Issues of Law – Judge

• Most often, a one week affair

Stage 1 – Jury Selection

• Right to an impartial jury of your peers• Venire – list of potential jurors who have

been issued a summons – Developed how?

• Voir Dire – the selection of the jury panel– How many?– Challenge for Cause– Peremptory Challenges

Opening Statements

• Purpose?

• Prosecution goes first

• Defense goes second…maybe

Witness Testimony

• DA calls witnesses one at a time– DA’s Direct Examination – Defense’s Cross Examination– DA’s Redirect (limited)– Defense’s Re-cross (limited)

– Until both are “finished” with the witness

More Witnesses

• Defense will 1st ask for a Directed Verdict• Now Defense’s Direct• DA’s Cross• Defense Redirect• DA’s Re-cross

• Often see very few defense witnesses – WHY?

And more witnesses…

• DA can offer Rebuttal Witnesses – – Which are?

• Often see repetitive questioning and information – Why?

• Objections

• Presentation of Evidence

• Rules, rules, rules

Closing Statement

• Purpose

• DA 1st -> Defense -> DA 2nd

• Tactics

The Charge

• Instructions for the Jury

• Rules for behavior

• The letter of the law

• Anything agreed to by both sides

• But actually very little direction for the “in-the-room” process

Jury Deliberation

• Sociology and Behavior• Leadership• Options:

– Guilty of all– Guilty of some– Not Guilty (Acquittal)– Hung Jury– Mistrial (not their choice!)

Sentence

• We’ll discuss later, but…

• Time, Money, Service, and other assorted options

• Range determined by legislature

Punishment

• LATER

Appeal

• A long and winding road

• Appeals based on…?

• Process– Trial Transcripts– Written Briefs– Oral Arguments

• Potential Outcomes

AND, FINALLY…

• Let’s go play law!