Con Crim Pro Outline

CON. CRIM. PRO. OUTLINE

Grossman_ConCrimPro1_Spring_2014

**Remember that, at the end of an analysis as to whether evidence should come in, you need to ask whether the ER should be applied at all… ask if the evidence should be admitted regardless under the Good Faith Exception.

CRIMINAL PROCEDURE OVERVIEW (probably not tested)

Ways in which the criminal justice system “makes contact”:

1) Arrest

2) Document filed with police by the Prosecutor formally charging you with a crime (someone “presses charges”)

– A “complaint” or “information” is filed against you

3) Indictment- Only with felonies for the most part

– Grand jury listens to prosecution’s evidence and decides whether ther eis enough information to establish reasonable grounds that a crime occurred

– If they do, an indictment is filed

– Arraignment:

Types of Investigations:

1. Reactive Investigations: Investigations aimed at solving specific past crimes which police believe to have already been committed

· Traditional purpose of police investigations

2. Proactive Investigations: Investigations aimed at unknown but anticipated ongoing or future criminal activity

– Deception is a common element of many proactive investigations (i.e. undercover opps.)

– More recourse intensive, more intrusive, and more likely to cause legal problems

3. Prosecutorial Investigations: Subpoenas of a Grant Jury

– Court order directing a person to appear in a particular proceeding for the purpose of testifying and presenting specific physical evidence within their possession

– Have the authority to conduct investigations into the possible commission of crimes within that judicial district

– Tend to be used for crimes of public corruption (i.e. bribery), misuse of economic power (i.e. price-fixing), or widespread distribution of illegal services or goods (i.e. organized crime)

Steps in Criminal Judicial Process:

1) Arraignment: Once D is charged, they make their first court appearance here

– Charges and rights are read to D; D enters plea

2) Motions are filed

– i.e. Motion to Suppress Evidence, Motion to Sever Trials, etc.

3) Hearings held on the motions

4) Trial

– D will be found guilty or not guilty

– If found not guilty, case is over and prosecution cannot appeal (double jeapordy)

5) Appellate process – only when D is found guilty

– State courts:

– Guilty D has “right of appeal” to the intermediate appellate Ct.

– Whoever loses at intermediate level can seek appeal to the highest state Ct.

– Not double jeopardy for prosecution to appeal intermediate ct. decision

– Whoever loses at highest state court has the right to appeal to U.S. S. Ct.

– Federal courts

– Guilty D has “right of appeal” to U.S. Circuit Ct.

– Loser there has the option of appealing to the U.S. S. Ct.

– Rare for S. Ct. to grant certiorari.

APPLICATION OF U.S. CONSTITUTION ONTO THE STATES

– All state gov’ts retain the authority to enact its own criminal code, applicable within that territory (basic idea of federalism) (52 jurisdictions; 50 states, DC, and Federal)

– But the regulations provided by the U.S. Constitution provide a common foundation to shape the process of all jurisdictions

– Guarantees of the Fourth, Fifth, Sixth, and Eighth Amendments are applicable to the state criminal justice process

– All jurisdictions must, at a minimum, meet these requirements

– Only 2 provisions of BOR do not apply to states (5th Amend. grand jury req., and 2nd)

– Whether BOR provision applies onto the states depends on whether it is “fundamental”

– Necessary to maintain our Anglo-American “ordered system” of liberty

– Engrained in our traditions

Duncan v. Louisiana: Even though Sixth Amend.’s right to a jury trial is not “fundamental” to obtain a fair trial, we apply this right onto the states (necessary to maintain “ordered system” of liberty)

– But, states are not required to have 12 member juries; as low as 6 members are permitted

– Purpose of jury is to have a group representing a cross section of the public which can deliberate and eliminate possibility of one particular bias having role in verdict

– Since these interests can be achieved through 6 member juries, the Court held that this practice is constitutional

– States do not have to follow this and can still have 12 member juries if they choose (MD)

– Can’t go below 6 members though

– State courts can provide more protections for their citizens than the federal court, but it cannot provide less protection

DUE PROCESS

Procedural Due Process: Notice, hearing, ensuring a fair trial, etc.

– If the gov’ts conduct “offended some principle of justice so rooted in the traditions and conscience of our people to be ranked as fundamental” then it will likely be a violation of procedural DP

Substantive Due Process: “Overreaching” of the federal government

– If the gov’ts behavior was “arbitrary or capricious” it will likely be a violation of substantive DP

Rochin – When police busted into guys house, he swallowed pills so that they could not be recovered. At the hospital, they pumped his stomach without consent, found drugs, and charged him with possession. D argued police’s conduct violated his substantive due process rights.

– Court ruled in favor of D. Basically constituted non-consensual self-incrimination.

– Convictions cannot be brought about by methods that offend our sense of justice or “shock the conscience”

– But, “offending our sense of justice” and “shocking the conscience” are not the same

Irvine – Police illegally planted listening devices without war