Criminal Justice Outline
INTRODUCTORY NOTES
A. Right to Bail: Accused is generally entitled to have court set bail and if it’s met (by accused or by a bail bondsman),accused is at liberty pending his trial. If he appears at the required proceedings, his bail is refunded.
B. Probable Cause to Detain: Accused is entitled to a prompt judicial hearing on cause to detain. No counsel for accused is required and no normal rules of evidence apply.
1. Writ of Habeas Corpus: If accused isn’t formally charged or taken before a judge, he may petition for this writ which requires police or custodian to take accused immediately to court and explain their cause to detain.
C. Preliminary Hearing: An informal judicial proceeding where determination is made as to whether there are reasonable grounds for believing the accused committed the offense.
D. Right to an Attorney: 6th Amendment
E. Coroner’s Inquest: Only in homicide cases, a coroner or one of his deputies generally select a 6-person jury (an advisory finding jury) to determine the cause of death. Court can accept or ignore their findings.
1. Medical Examiner System: Coroner is usually an elected position but a medical examiner must be a physician. In many jurisdictions, he must be a forensic pathologist.
F. Grand Jury: Usually composed of 23 citizen-voters, 16 of whom constitute a quorum. 12 votes are needed for an indictment. The Constitution doesn’t require grand juries to charge for felony offenses.
1. Information: A person charged by information generally gets a preliminary hearing, but a person charged by grand jury doesn’t because it’s thought that his rights are “adequately safeguarded” by his fellow citizens who serve on the jury.
G. Arraignment and Plea: Following a felony indictment, accused appears before a judge who can try felony cases. The indictment is read to the accused and the charges are stated. If he pleads guilty, the judge can sentence him then or “take the matter under advisement”. If he pleads innocent, a trial date is set.
1. Nolo Contendre: If accused pleads nolo contendre, he is not saying innocent or guilty, but is essentially saying that he sees how much evidence the prosecution has and is sure that they will find him guilty no matter how he chooses to plead. Nolo contendre is thus treated like guilty, but the admission can’t be used in any other action.
H. Pre-Trial Motions: A request for a court ruling or order that will afford the D the assistance or remedy he is seeking.
1. Motion to Quash the Indictment: D questions the legal sufficiency of the indictment.
2. Motion for a Bill of Particulars: D requests further details regarding the accusation.
3. Motion for Discovery: D or P can seek to learn what evidence the other side will use, the details of the crime, the witnesses the other side will use, and what they’re expected to say.
4. Motion for a Change of Venue: If D won’t receive a fair trial in a certain area, he can try to move the case to another area.
5. Motion to Suppres
accidentally hit and killed 4 children.
· Holding: D is guilty of criminal negligence.
· Rule: Actus reus can be a voluntary act.
· Relevant points
a. D’s conscious decision to drive was the actus reus, not the hitting of any children.
B. Knowing Possession as Actus Reus
1. Knowing possession is volitional because a choice was made to possess.
2. Guilty character of the object does not need to be known by D.
3. Willful ignorance is not a defense, because it is a reckless choice.
a. A asks B to drive a car across the border and tells him not to look in the trunk. B is still guilty of possession of the contraband in the trunk
4. D must have dominion and control
5. Constructive possession: the inference that the contraband is D’s, even if it’s not in his possession at the time of arrest. Implied possession.
· State v. Fox: (Utah S.Ct., 1985, p.23) D’s were pot growers who had two greenhouses attached to their residence. Police got an anonymous tip, searched, and found 2850 plants and bags of harvested pot. A grower’s guide, pot, and paraphernalia was found in D1’s bedroom. Nothing illegal was found in D2’s bedroom.
Holding: D1 is guilty of possession, D2 is not guilty.
