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Criminal Procedure
Stetson University School of Law
Jacob, Bruce Robert

1/17/08
1.       Criminal Jury Trial
a.       Selection of jury
b.       Opening statement
c.       P presents its case
d.       D makes a motion for judgment of acquittal
e.       D presents its case
f.        D- jury instructions
g.       Verdict
h.       Judgment (pronouncement of guilt by the judge)
i.         If death case, there is a 2nd phase of trial with evidence that may not be admissible during the guilt phase of the trial. The jury decides death or not. If not a death case, judge imposes the sentence. Question whether sentence should run consecutively or concurrently. Legislature sets the max sentence that may be imposed. Sentencing guidelines for the judge to follow. 
j.         Sentencing
i.      Definite sentencing
1.       Based on belief that criminals should get their just desserts.
2.       Don’t think rehabilitation works.
3.       Inmate will know exactly when he will be released.
ii.      Indefinite sentencing
1.       A lot of confidence on rehabilitation and parole release boards.
iii.      Theory today is that rehabilitation is not realistic. We want each convict to pay for what he did and the time spent in prison should reflect that. No early parole release; you serve your entire sentence minus good time. We also have sentencing guidelines. Point totals are used to determine sentences. In Blakely v. Washington, the SC held that a judge should not impose a heavier sentence than the guidelines based on facts found by the judge. The jury should make those decisions. Blakely claimed he was denied the right to a jury trial. D can waive the right to a jury trial on sentencing, which he might want to do bc then the p might recommend a lighter sentence.
iv.      SC decided Blakely applied to federal sentencing guidelines & federal sentencing guidelines were not mandatory.
k.       The appearance of the defendant is really important in trials. Tell your client what to wear and how to act in the courtroom. 
l.         D attorney should be a complete advocate for his client. P attorney is not a complete advocate for the state; he should look out for the best interest of all people, including the D.
2.       Constitution & the Criminal Process
a.       Now almost every provision of the BOR is incorporated into the 14th A.
b.       Provisions of state constitutions can go beyond the federal protections.
c.       Constitution protects against govt action, not private action
3.       4th A- Search & Seizure Law
a.       Protects against unreasonable searches and seizures
b.       Must have oath or affirmation of probable cause to issue a warrant
c.       Warrants must sufficiently describe the person place or thing to be seized
d.       US v. Weeks adopted the exclusionary rule
e.       People v. Defour (p. 694) criticized the Weeks rule saying that a criminal should not go free just because someone has violated the 4th A. 
f.        In Wolf v. Colorado, the SC incorporated some of the 4th A into the 14th A. The right to privacy was incorporated. The Weeks rule was not incorporated.
g.       In Mapp v. Ohio, the SC decided th

, and therefore it was not the product of an unreasonable seizure.
10.   The dissent said there doesn’t need to be a physical restraint, and based on Terry, there is a limited restraint. In this case, the police were chasing Hodari, and that is at least a limited seizure and since the police didn’t have at least a reasonable suspicion, it is a violation of the 4th A.
ii.      US v. Drayton (p. 25)
1.       Police go on a crowded bus and asked people if they could pat them down.
2.       Lockstep provisions of the FL const.
a.       Cruel & unusual punishment. If there is a case in the FL supreme court, the ct cannot go further than the US supreme court. 
b.       Search & seizure. Any decision by the FL courts have to be in conformity with the US SC. FL court can’t provide more protection to criminals than the US SC does.
1/22/08
1.       Hodari D. cont’d
a.       4th A protects against seizures by police, including seizures of a person, if the seizure is unreasonable or without probable cause.
b.       If police illegally conduct seizure, the illegal items the police get are suppressed (exclusionary rule).
i.      This usually means the case will be dismissed
What is the seizure of a person?