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Criminal Procedure
St. Thomas University, Florida School of Law
Kravitz, Gary Neil

Criminal Procedure
Professor Kravitz
Fall 2007

1. Introduction: The Criminal Justice Process
A. General Procedure
1. Arrest
A. The first formal contact of an accused with the criminal justice system is likely to be an arrest by a police officer. In most cases, the arrest will be made upon the police officer’s own evaluation that there is sufficient basis for believing that a crime had been committed by the accused. However, the arrest may be made pursuant to a warrant.
2. Initial Judicial Appearance
. In all jurisdictions, a police offer or other person making an arrest must bring the arrested person before a judge within a short period of time. It is at this initial appearance that most accused have their first contact with the courts.
3. Filing Of A Formal Criminal Charge
. Generally, it is following the decision of the lower court to bind over a defendant that the formal criminal charge is made in court that would try the case if it goes to trial.
4. Arraignment
. The arraignment is the point at which the accused is asked to plead to the charge. He need not plead, in which case a plea of not guilty is entered for him or her.
5. Trial
. Unless the defendant enters a guilty plea, the full adversary process is put into motion. The prosecution now must establish to a jury or a judge the guilt of the defendant beyond a reasonable doubt.
6. Sentencing
. Sentencing then follows the trial. If the court has accepted a plea of guilty, this step follows the accepting of the plea.
7. Appeal
. Following the conclusion of the proceeding in the trial court, the matter shifts to the appellate courts.
8. Collateral Attack
. Even if no appeal is taken or the conviction is upheld, the courts’ participation in the criminal process is not necessarily ended. To some extent, a convicted defendant who has either exhausted his appeal rights or declined to exercise them within the appropriate time limits can seek further relief by means of collateral attack on the conviction.
2. Investigation Of A Crime
A. The Exclusionary Sanction
1. Adoption Of The Federal Constitutional Exclusionary Sanction
. Notes
1. Evidence obtained by violating the defendant’s constitutional rights may not be introduced by the prosecution, at least for purposes of providing direct proof of the defendant’s guilt.
A. The D usually makes a motion to suppress the evidence and then D has to prove standing (see below).

Violation of regulation but not the Constitution

The Exclusionary rule applies only where evidence is obtained in violation of the Constitution.

The rule is not triggered, for instance, by the gathering of evidence in violation of an administrative regulation.

Case Law

Mapp v. Ohio

Facts: Three Cleveland police officers arrived at D’s residence on informatio

evidence secured through an illegal search and seizure.” This Court has ever since required of federal law officers a strict adherence to that command which this Court has held to be a clear, specific, and constitutionally required – even if judicially implied – deterrent safeguard without insistence upon which the Fourth Amendment would have been reduced to “a form of words.” Conviction by means of unlawful seizures and enforced confessions should find no sanction in the judgments of the courts and that such evidence “shall not be used at all.”

Scope Of Exclusionary Sanctions: Standing, Fruit Of The Poisonous Tree, Independent Source & Attenuation Of The Taint


Standing to Assert Exclusionary Rule

Mere presence at the scene is not enough to assert standing.

A defendant may seek to exclude (A defendant has standing) evidence derived from a search or seizure only if his legitimate expectation of privacy was violated. Rakas