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Criminal Procedure
University of Connecticut School of Law
Orland, Leonard

I. CHAPTER 1: INTRODUCTION TO CRIMINAL PROCEDURE Why do we care? Goals of criminal procedure?o Fair processo Right result  Participants in the Criminal Justice System Defendanto Demographic statistics Defense Counselo What is defense counsel’s role?o How do resources affect defense counsel’s performance? Prosecutoro Who does the prosecutor represent?o What duties do prosecutors have?o How much discretion should they have? Victimso How are they represented in the criminal justice system?o What special concerns do they have about the procedures? Law Enforcemento What is their role?o How much discretion do they have?o What motivates their decisions?  Magistrates and Judgeso What is the role of the judge?o What are the court’s interests?o What do magistrates and commissioners do? Jurorso What is their role?o Who do they represent? Corrections Officialso What is the role of correctional officers?o How effective are our prisons? Mediao How can the media affect a criminal case?o What roles does the media have in covering criminal cases? Stages of a Criminal Caseo Crime  è  Pre-arrest investigation è  Arresto   Complaint è  First Appearance o  Preliminary Hearing or Grand Jury  o   Arraignment / Set Trial Date è  Plea bargaining o Pretrial motions  è  Trial  è  Sentencing o   Appeals è  Collateral Challenges   Goals of Criminal Procedureo Correct resulto Fair processo Scottsboro Case Victoria Price & Ruby Bates Lynching Patterson v. Former Chicago Police Lt. Jon Burge Bill of Rightso 4th Amendment    –    Search & Seizure o 5th Amendment    –    Self-incrimination, grand jury, double jeopardyo 6th Amendment    –  

orporation   [Duncan] Retroactivity General rule:  Supreme Court rulings are NOT retroactive for habeas cases Exception:  “Watershed” rule of procedure – Whorton v. Bockting (2007)- –    Procedures implicating “fundamental     fairness”- Example:  Gideon v. WainwrightII.   CHAPTER 2: SEARCHES AND SEIZURES     4TH Amendmento “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause …”  General Approach of 4th Amendmento Requires government actiono Must qualify as “search” or “seizure” What is a search?o Katz v. United States Purpose of 4th Amendment is to protect privacy, not just places Harlan Concurrence- Subjective expectation of privacy- Reasonable expectation of privacy o Applications of Katz Principle[Step 1:  Has there been a search under the 4th Amendment?] Open fields Consensual electronic surveillance Financial records Trash Public areas Aerial surveillance Manipulation of bags in transit Dog sniffs Chemical testing of drugs Enhanced technology o Open Fields Oliver v. U.S.- No legitimate expectation of privacy in open field Open field vs. curtilage – How close to home?- Within an enclosure surrounding the home?- Nature of use?- Steps taken to protect area from observation by passer-byso Aerial Surveillance California v. Ciralo (1986) Florida v. Riley  (1989)