Criminal Justice Process Overview (1-29)
I. diversity in legal regulation
A. Major presumptions for this course give insight to prevent misguided prior assumptions about the law.
B. Law tries to be precise but it is not – so do not make such presumptions over essentially ambiguous constitutional provisions – use the case law as proof.
C. The system we study is relative to the states’ law since the overwhelming majority of felonies are prosecuted in the state courts.
II. diversity in administration, 1-12
A. Most of the criminal law in this country is statutory at the state level.
B. The MPC has been adopted by 40 states in some form.
III. Steps in the process, 18-20
A. Criminal Law – shellenberger, in italics *(where substantive issues will arise)* while Criminal Procedure 1 – strazzella is normal font
1. The Reported Crime
2. Prearrest Investigation
3. Warrant/Arrest (search and seizure is typically based on probable cause rather than an arrest warrant)
5. Post-arrest investigation
6. Decision to charge
7. Filing the complaint
8. Magistrate review of the arrest
9. Initial appearance (before a judge or magistrate) à complaint (a charging document which briefly states the factual & legal nature of the crime charged) is filed, then “bail” is set
a. If crime is misdemeanor or petty offense, matter is scheduled immediately for trial; a trial de novo may be available on appeal after conviction
b. If the crime is a felony –>
c. In federal courts denial of bail or excessive bail is subject to immediate appeal aand preventative detention is constitutional.
10. Preliminary hearing (adversarial hearing w/ counsel – judge determines whether prosecution evidence is sufficient to establish “probable cause” for the charges to justify a trial) and/or grand jury review (non-adversarial proceeding before lay jury, serving same function as PH)
11. Grand jury review – federal not state right; appearance by ∆ or his witnesses not required.
12. Information or indictment filing (a formal charging document which states the crime charged and governs trial; supersedes complaint; indictment issued by GJ and information by prosecutor)
13. Arraignment & entry of plea
14. Pretrial proceedings/motions
a. Discovery (ordinarily more limited than in civil cases; seizure of evidence)
b. *motions* (e.g., to suppress or exclude evidence seized at time of the event
is over – the prosecution cannot appeal or re-proceed for “same offense;”
(3) If guilty judgment, defendant may file *post-verdict motions* (for new trial asserting errors in the trial proceedings; or for judgment of acquittal asserting evidence not sufficient to sustain verdict), infra.
17. Direct appeal from judgment of sentence — New Trial can be granted for:
a. Instructional error
b. Error in admission/exclusion of evidence
c. Prosecutorial misconduct
d. Sufficiency of the evidence (new trial BARRED à acquittal of ∆)
18. Collateral post-conviction remedies in state or federal court (post conviction remedies or habeas corpus issues)
Arrest, Search & Seizure
I. the Exclusionary Rule (108)
A. Binding on federal courts: The exclusionary rule which is judicially implicated, requires that “in a federal prosecution the 4th amendment barred the use of evidence secured through an illegal search and seizure.” Weeks v. U.S. (1914)