Criminal Procedure
CHAPTER 1
Timeline:
Criminalization à Crime à Investigations à Arrest à Trial Process à Sentencing à Punishment à Appeals
I. The Lawmaking Structure
A. Fifty-two lawmaking jurisdictions
1. Under the United States’ version of federalism – each of the fifty state governments retains the authority to enact its own criminal code
2. Each state also retains the power to provide for the enforcement of that code through agencies and procedures that it creates
3. Congress has added to the 50 state criminal justice processes two distinct federal criminal justice processes à
i. The District of Columbia – separate criminal code only applicable in DC
ii. It has also created a criminal justice process for the enforcement of the general federal criminal code, which applies throughout the country
a. This utilizes national federal law enforcement agencies and relies on prosecutions brought in the federal district courts
4. The state systems remain the source of the vast majority of criminal prosecutions
i. Accounting for 99% of the nation’s total criminal docket and 96% of all prosecutions charging “major” offenses (felonies)
B. Diversity in state law
1. With English common law as a basis, each state system varies after adjustments to accommodate new developments in the administrative structure of the process – thus…there is diversity amongst the state systems on common issues.
C. The unifying role of federal constitutional regulation
1. The Bill of Rights includes guarantees dealing with the criminal justice process (Fourth, Sixth, and Eighth Amendments and Fifth’s due process clause – not the “just compensation” guarentee”
2. All apply to the states
3. Also the 14th Amendment’s equal protection clause provides another layer of constitutional regulation
4. Constitutional regulation is subject to two significant limitations insofar as it relates to achieving uniformity among the 52 jurisdictions
i. It imposes no more than a baseline standard
a. Prescribes procedural prerequisites that each jurisdiction must meet as a minimum, but the jurisdictions remain free to prescribe additional procedural protections
ii. Constitutional regulation is far from comprehensive across the totality of the criminal justice process
a. Some procedures are quite detailed – some are not and are left to be regulated by state law (if regulated at all)
II. The Administrative Structure
A. Administrative diversity
1. Four groups primarily responsible for the administration of the criminal justice process:
i. Police
a. Largest
b. Most diverse
c. Fragmentation
(1) There are almost 18,000 agencies that can be classified as “police agencies”
d. Agency responsibilities
(1) Vary in responsibilities
e. Agency size
(1) Agency size bears a substantial correlation to differences in the organizational structure, resources, and patrol and enforcement polies
ii. Prosecutors
a. Fragmentation
(1) In Alaska, Delaware, and Rhode Island, the Attorney General’s office is the sole prosecution agency
(2) In the remaining states, there are local prosecutors – who are local government officials
i. Generally are elected officials
ii. 47 States
iii. over 2,300 prosecutrial districts
(3) In others, the Attorney General also has separate prosecutorial authority, but limited to a narrow band of offenses or exercised under special circumstances
b. Size
(1) Do not vary in size to the extent that police agencies do, but differences are substanitial
iii. Defense counsel
a. Retained counsel
b. Appointment systems
iv. Courts
a. Judges – Three levels:
(1) Courts of limited jurisdiction (Magistrate Courts)
i. Examples:
(a.)Justice of the Peace
(b.)Police Courts
(c.)County Courts
ii. Misdemeanors
iii. Some felonies that are not within their trial jurisdiction
(2) Trial courts or general jurisdictions (Felony Trial Courts or General Trial courts)
i. Examples:
(a.)District Court
(b.)Court of Common Pleas
(c.)Superior Court
(d.)Circuit Court
ii. Part of a statewide system but divided into judicial districts that consist of a single county or group of counties
(3) State Appellate Courts
i. Single function à appellate review
III. Steps in the Process
A. Pre-Arrest Investigation
1. Reactive Investigations
i. “Incident driven”
ii. “Complaint responsive”
2. Proactive Investigations
i. Uncovering criminal activity that is not specifically known to the police
3. Prosecutorial Investigations
i. Uses the subpoena – which is available for the investigation of crime only through the grand jury
a. Many jurisdictions will also grant a limited subpoena authority to enforcement agencies charged with regulating particularly types of crimes
B. Arrest
1. The taking of a suspect into custody for the purpose of charging him with a crime
2. The arrest allows for a search of the arrestee’s person
i. Which can disclose incriminating evidence
3. It facilitates investigation procedures that require the participation of the suspect
4. Two types of arrest
i. Full Custody
ii. Citation, summons or appearance ticket
a. Briefly detain the suspect and then release directing them to appear in court at a later date
b. Infrequently used for felonies
c. Commonly used for misdemeanors
5. Sometimes an arrest warrant is necessary
i. Warrant is obtained by making a showing before a judge that there exists probable cause to believe that the prospective arrestee committed the crime for which he will be arrested
C. Post-Arrest Investigation
D. The Decision to Charge
1. May be reversed on internal review within the police department, typically by the “booking officer”
2. The ultimate authority over charging rests with the prosecutor
E. Filing the Complaint
1. Fairly brief document
2.
ion or Indictment
1. Brought before the felony trial court, informed of the charges against him, and asked to enter a plea of guilty, not guilty, or, as permitted under some circumstances, nolo contendere (a plea in which the defendant accepts a judgment of conviction, but does not admit guilt)
L. Pretrial Motions
M. Pretrial Discovery
1. Prosecution and defense mutually disclose to each other some aspects of the evidence that they probably would present at trial
2. States vary in the scope of discovery
N. Guilty Plea Negotiation and Acceptance
1. Guilty please in felony cases are most often the product of a plea agreement under which the prosecution offers certain concession in return for the defendant’s plea.
O. The Trial
1. If there has not been a dismissal and the defendant has not entered a guilty plea (or a nolol contendere plea), the next step would be a trial
2. A criminal trial is distinguished from a civil trila in that:
i. There is the presumption of the ∆’s innocence
ii. The requirement of proof beyond a reasonable doubt
iii. The right of the ∆ not to take the stand
iv. The exclusion of evidence obtained by the state in an illegal manner, and
v. The more frequent use (by the prosecution) of incriminating statements previously made by the ∆ (often to police)
3. In felony cases, the ∆ is entitled to a jury trial
4. Will commonly waive for certain types of offenses in favor of a bench trial
5. Where there is trial by a jury, the verdict, whether for acquittal or conviction, in all but six states, must be unanimous
6. Where there is no agreement à hung jury
i. Discharged without reaching a verdict and the case is retried
7. The time from arrest to start of trial can exceed a year in some districts…but from most districts it is within the range of 5-8 months
8. While most jurisdictions have speedy trial requirements (6 months or less), there are various excludable time periods (processing of motions, witness unavailability) which commonly extend the time limit by at least a few months.
9. In state courts, most jury trials will be completed within 2-3 days
P. Sentencing
1. Three types
i. Financial sanctions
ii. Some form of release into the community (probabion/unsupervised release/house arrest)
iii. Incarceration in jail or prison
Q. Appeals
