Criminal Law Outline

 
Preface:
·         Xxxv:
o   Criminal Law is different due to the “legality principle” (prior written liability rules).
o   Applies mainly to criminal, not civil law.
o   Section templates of the book:
§ Principal Case: Facts, etc.
§ The Law: relevant statutes, etc.
§ Overview notes: theories, etc.
§ Core case opinion
§ Problem cases
§ Discussion Issues
Background Materials- Overview of Criminal Justice Process (in a typical felony case):
·         Step 1: The reported Crime
o   Police find out about the crime in 3 ways:
§ 1) Citizen reports (usually victims)
§ 2) Discovery in the field (usually observation on patrol)
§ 3) Investigative and intelligence work
o   Generally crimes are “reported crimes” or “known offenses”
§ The are under no legal obligation to further investigate a “known offense”
§ Generally, tradition is to investigate “known offenses”
§ About only half of crimes are reported and of those reported about 50% are related to drugs, alcohol, or assaults. Only 7% of reported crime is exceedingly violent (rape, robbery, aggravated assault, and homicide).
·         Step 2: Prearrest Investigation:
o     Distinguish between police investigation and prosecutor’s investigation
o   Police have 3 types of procedures:
§ Reactive: Solving past crimes
§ Proactive: Future and ongoing investigations
§ Prosecutorial and other non-police investigations conducted via subpoena authority.
·         Step 3: Arrest:
o   Once the officer has probable cause to arrest someone they can take him into custody.
§ 2 types of custody:
ú 1) Full: Person is detained
ú 2) “Citation”, “Notice to appear”, or “Appearance Ticket”: Person is detained for a short while and asked to appear on a particular date. Used only for minor, regulatory offenses.   
o   If there is no immediate need to arrest a suspect: officers seek arrest warrants from magistrates. 
o   Arrests can also be made without warrants (example: “on scene” arrests).
o   Officers, even when there is a day gap between the establishment of probable cause and the arrest will often NOT obtain a warrant unless:
§ It is legally necessary to do so or it is advantageous to have a warrant:
ú 1) Offender is located in another jurisdiction
ú 2) Person’s name cannot be found in the system
ú 3) If there is need to enter into a dwelling without consent in order to make the arrest (requires a warrant).
ú 4) Misdemeanor was not committed in the officer’s presence (in some states this requires a warrant).
ú 5) If the officer takes the prosecutors’ help (if the prosecutor responds affirmatively, then a compliant is filed, and a warrant is obtained prior to the arrest).
ú Note that in some cases (most actually) suspects are not caught. Generally they are caught for known offenses, but not for reported ones.
·         About 13% of burglary suspects are caught, whereas 65% of homicide suspects are caught.
·         About 60-80% of arrests are made for misdemeanors
o   Most made for DUIs (Driving-under-the-influence).
·         Step 4: Booking:
o   Remove evidence or contraband related to the crime
o   Arrestee will be taken to a “holding” facility.
o   Name, time of arrival, etc. will be noted in the police “log” or “blotter.”
o   If booked for a minor misdemeanor then the arrestee is given the opportunity to obtain his immediate release by posting “stationhouse bail.” Give a certain amount of cash prescribed for the crime and agree to appear in court on a specified date. If not, then they are placed under “lockup” in a holding cell.
·         Step 5: Post-Arrest Investigation:
o   Eyewitness identification of the arrestee by placing him in a lineup (having witnesses view him individually; known as a “showup”). 
o   Interrogation
o   Very similar to pre-arrest investigations, except you